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RIN TITLE ABSTRACT Publication
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FAA 2120‐AJ41
Emissions Standards for Turbine Engine Powered Airplanes
This rulemaking would amend the emission standards for turbine engine powered airplanes to incorporate the standards adopted by the United States Environmental Protection Agency (EPA). This rule would also amend certain test procedures for gaseous exhaust emissions, which are based on the standards of the International Civil Aviation Organization (ICAO) for gaseous emissions of oxides of nitrogen (NOx). This rule would bring the standards of 14 CFR part 34 into alignment with 40 CFR part 87 as required.
04/28/2009
FAA 2120‐AJ46
Communication and Area Navigation Equipment (RNAV) Operations in Remote Locations and Mountainous Terrain
This rulemaking would allow the use of the Obstacle Departure Procedures (ODP) or an alternative procedure assigned by Air Traffic Control (ATC). This rulemaking would also alleviate potential fines and noncompliance in communication and area navigation equipment operations (RNAV). This is necessary to allow alternative routes by ATC at airports with ODP, and disruption of communication signals caused by the terrain. The intended effect is to allow flexibilities in departures, and compliance to RNAV.
05/01/2009
FAA 2120‐AI61
Special Requirements for Private Use Transport Category Airplanes
This rulemaking would amend the airworthiness standards for transport category airplanes by adding new cabin interior criteria for operators of private use airplanes. These standards may be used instead of the
05/08/2009
specific requirements that affect transport category airplanes operated by air carriers. These standards would supplement the requirements for operation under the air traffic and general operating rules. This rulemaking is intended to provide alternative criteria for transport category airplanes that are operated for private use, while continuing to provide an acceptable level of safety for those operations.
FAA 2120‐AJ37
Drug and Alcohol Testing Program This rulemaking would amend the FAA´s drug and alcohol regulations by placing them in a designated location within the regulations. This action would simplify locating specific provisions and changes to those provisions for individuals and entities required to comply with the FAA´s drug and alcohol testing requirements. The FAA is not making any substantive changes to the drug and alcohol regulations in this rulemaking.
05/14/2009
FAA 2120‐AJ27
Robinson R‐22/R‐44 Special Training and Experience Requirements
This action continues the existing special training and experience requirements in Special Federal Aviation Regulation (SFAR) 73 and eliminates the termination date for SFAR 73. This action was inadvertently published under RIN 2120‐AJ25; 73 FR 45905, August 7, 2008.
05/29/2009
FAA 2120‐AJ35
Flightcrew Alerting (Formerly Warning, Caution and Advisory Lights)
The FAA is amending the airworthiness standards for transport category airplanes concerning flightcrew alerting. These standards update definitions,
07/09/2009
prioritization, color requirements, and performance for flightcrew alerting to reflect changes in technology and functionality. It adds additional alerting functions, and consolidates and standardizes definitions and regulations for flightcrew warning, caution, and advisory alerting systems. Finally, this action will result in harmonized standards between the FAA and EASA. This rulemaking has been downgraded and will not appear in next month´s report.
FAA 2120‐AJ01
Part 121 Pilot Age Limit This rulemaking would correct the language of the Code of Federal Regulations to bring it into conformance with recent legislation raising the upper age limit for pilots serving in domestic, flag, and supplemental operations until they reach their 65th birthday. Congress enacted legislation, effective December 13, 2007, mandating an Age‐65 limit for pilots for purposes of Title 49 USC.
07/15/2009
FAA 2120‐AJ04
Fire Protection This rulemaking would change the fire protection standards for issuing original and amended type certificates for aircraft engines and harmonize Federal Aviation Administration and European Aviation Safety Agency certification standards. Harmonization would lower the cost of airplane engine development, enhance safety, simplify international type certifications, codify current industry practices, and clarify existing requirements.
07/30/2009
FAA 2120‐AI90
Activation of Ice Protection This rulemaking would amend the airworthiness standards applicable to transport category airplanes certificated for flight in icing conditions. The standards would require a means to ensure timely activation of the airframe ice protection system. This rulemaking is the result of information gathered from a review of icing accidents and incidents, and is intended to improve the level of safety for new airplane designs when operating in icing conditions.
08/03/2009
FAA 2120‐AI86
Revisions to the Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules (Part 61)
This rulemaking would add training and experience requirements for night vision goggles and simplify the use of training devices. It would allow pilots who have been trained by the U.S. military or law enforcement agencies in the use of night vision goggles to get credit for that training for civilian operations. These changes would clarify our existing regulations. The intended effect of these actions is to allow the use of current aviation devices and to ease transition from military to civilian duty. This rulemaking has been downgraded to nonsignificant and will not appear on next month´s report.
08/21/2009
FAA 2120‐AJ06
Airworthiness Standards: Aircraft Engine Standards Overtorque Limits
This rulemaking would amend the certification standards for aircraft engines to establish requirements for approval of maximum engine overtorque. Specifically, this rulemaking would add a new engine overtorque test, amend engine ratings and operating limits, and define maximum engine overtorque for
09/02/2009
certain turbopropeller and turboshaft engines. The rulemaking would harmonize applicable United States (U.S.) and European standards and simplify airworthiness approvals for import and export of aircraft engines.
FAA 2120‐AJ48
Congestion Management Rule for John F. Kennedy International Airport and Newark Liberty International Airport
This rulemaking would rescind the final rule on Congestion Management for John F. Kennedy International Airport and Newark Liberty International Airport. The final rule established procedures to address congestion in the New York City area by assigning slots at John F. Kennedy (JFK) and Newark Liberty (Newark) International Airports, assigning to existing operators the majority of slots at the airports, and creating a market by annually auctioning off a limited number of slots in each of the first five years of the rule. The final rule also contained provisions for minimum usage, capping unscheduled operations, and withdrawal for operational need. The rule was scheduled to sunset in ten years.
10/09/2009
FAA 2120‐AJ49
Congestion Management Rule for LaGuardia Airport This rulemaking would rescind the final rule on Congestion Management for LaGuardia Airport. The final rule established procedures to address congestion in the New York City area by assigning slots at LaGuardia Airport (LaGuardia), assigning to existing operators the majority of slots at the airports, and creating a market by annually auctioning off a limited number of slots in each of the first five years of the
10/09/2009
rule. The final rule also contained provisions for minimum usage, capping unscheduled operations, and withdrawal for operational need. The rule was scheduled to sunset in ten years.
FAA 2120‐AJ44
Production and Airworthiness Approvals This rulemaking would amend the certification procedures and identification requirements for aeronautical products and articles. These amendments would update and standardize those requirements for production approval holders (PAHs), revise export airworthiness approval requirements to facilitate global manufacturing, move all part‐marking requirements from part 21 to part 45, and amend the identification requirements for products and articles. The intent of these changes is to continue to promote safety by ensuring that aircraft, and products and articles designed specifically for use in aircraft, wherever manufactured, meet appropriate minimum standards for design and construction. This rulemaking was split from RIN 2120‐AI78.
10/16/2009
FAA 2120‐AJ59
Modification of the New York, NY Class B Airspace Area; and Establishment of the New York Class B AIrspace Hudson River and East River Exclusion Special Flight Rules Area
This rulemaking will adjust the floor of Class B airspace above a portion of the Hudson River to 1,300 feet above mean sea level. Additionally, this action would establish a Special Flight Rules Area (SFRA) over the Hudson River and East River to mandate certain pilot operating practices for flight within the exclusion areas. This action is necessary to allow for greater separation of aircraft conducting local operations and those
11/19/2009
overflights transitioning through the area predominantly in level flight, and create standardized, mandatory operating procedures for all pilots operating in the area. The intended effect of this action is to increase the safety of flights by reducing the chances of midair collisions over the Hudson and East Rivers.
FAA 2120‐AJ09
Removal of Regulations Allowing for Polished Frost on Wings of Airplanes
This rulemaking will remove certain provisions that allow for operations with "polished frost" (i.e., frost polished to make it smooth) on the wings and stabilizing and control surfaces of aircraft. The rule will increase safety by not allowing operations with "polished frost," which the FAA has determined increases the risk of unsafe flight.
12/01/2009
FAA 2120‐AJ29
Establishment of Special Air Traffic Rule in the Vicinity of Luke AFB, AZ
This rule will establish a Special Air Traffic Rule (SATR) in the vicinity of Luke Air Force Base (Luke). This action is necessary to address reported near midair collisions in the area around Luke. This action will help reduce the potential for midair collisions in the vicinity of Luke.
12/31/2009
FAA 2120‐AJ55
Use of Certain Portable Oxygen Concentrator Devices Onboard Aircraft
This rulemaking would allow passengers to voluntarily furnish and use four additional types of Portable Oxygen Concentrators (POCs) in addition to the current approved list of POCs for use on aircraft. This action is necessary to authorize additional POCs. The effect of this action would respond to petitions for rulemaking from certain POC companies. This action is parallel to
01/06/2010
the current regulations that already allow passengers to voluntarily furnish and use seven types of POCs on aircraft.
FAA 2120‐AJ10
Certification of Aircraft and Airmen for the Operation of Light‐Sport Aircraft; Modifications
This rulemaking would amend rules for sport pilots and flight instructors with a sport pilot rating to address airman certification and operational issues that have arisen since regulations for the certification of aircraft and airmen for the operation of light‐sport aircraft were implemented in 2004. These changes would update those regulations to reflect operational experience that has been gained since the original regulations became effective.
02/01/2010
FAA 2120‐AI79
Filtered Flight Data This rulemaking would amend the digital flight data recorder (DFDR) regulations by prohibiting certain types of signal filtering for a set of specified recorded parameters. This rulemaking is based on recommendations issued by the National Transportation Safety Board (NTSB). The rulemaking is intended to improve the accuracy and quality of the data recorded on DFDRs and used during accident and incident investigations.
02/19/2010
FAA 2120‐AJ31
Aircraft Noise Certification Documents for International Operations
This rule will require operators of U.S. registered civil aircraft flying outside of the United States to carry aircraft noise certification documentation on board. This rule is needed to ensure that U.S. operators have consistent noise certification information on board
03/02/2010
when they fly outside the United States. The intended effect of this rule is to ensure consistent compliance with the International Civil Aviation Organization standards that require certain noise information be carried on board the aircraft.
FAA 2120‐AJ69
Prohibition Against Certain Flights Within the Territory and Airspace of Afghanistan
This rulemaking would prohibit flight operations below flight level (FL) 160 within the territory and airspace of Afghanistan by all U.S. air carriers; U.S. commercial operators; persons exercising the privileges of a U.S. airman certificate, except if the flight is on behalf of a foreign air carrier; and operators of U.S.‐registered aircraft, except when such operators are foreign air carriers. The FAA finds this action necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations.
05/26/2010
FAA 2120‐AI92
Automatic Dependent Surveillance ‐ Broadcast (ADS‐B) Equipage Mandate To Support Air Traffic Control Service
This rulemaking would add equipage requirements and performance standards for Automatic Dependent Surveillance‐Broadcast (ADS‐B) Out avionics on aircraft operating in specified classes of airspace within the U.S. National Airspace System. This action facilitates the use of ADS‐B for aircraft surveillance by FAA and Department of Defense (DOD) air traffic controllers to safely and efficiently accommodate aircraft operations and the expected increase in demand for air transportation. This rule would also provide aircraft operators with a platform for additional flight applications and services.
05/28/2010
FAA 2120‐AJ63
Civil Penalty Inflation Adjustment for Commercial Space Adjudications
This rulemaking would adjust a civil penalty for inflation. It is intended to maintain the deterrent impact of the civil penalty available for violations of statues and regulations the FAA enforces. The rulemaking would make mandatory inflation‐based adjustments to the maximum civil penalty contained in 14 CFR part 406.
06/02/2010
FAA 2120‐AJ08
Clarification of Parachute Packing Authorization This rulemaking would amend the requirements for individuals who pack, maintain, or alter main parachutes of a dual‐parachute system—those with main and "back up" parachutes—to be used for parachute jumping in connection with civil aircraft of the United States. A non‐certificated person would be allowed to pack a main parachute only when he or she is under the supervision of a certificated parachute rigger, or when he or she will be the next jumper to use the parachute. This action is intended to correct a potentially unsafe condition of parachute operations created by changes to the 2001 revision of the current rule.
06/03/2010
FAA 2120‐AJ34
Supercooled Large Droplet Icing Conditions This rulemaking would amend the airworthiness standards applicable to certain transport category airplanes certificated for flight in icing conditions and the icing airworthiness standards applicable to certain aircraft engines. The rulemaking would improve safety by addressing supercooled large drop icing conditions for transport category airplanes most affected by
06/29/2010
supercooled large drop icing conditions, mixed phase and ice crystal conditions for all transport category airplanes, and supercooled large drop, mixed phase, and ice crystal icing conditions for all turbine engines. This rulemaking is the result of information gathered from a review of icing accidents and incidents. This rulemaking has been re‐designated as non‐significant and will not appear on next month´s report.
FAA 2120‐AJ77
Use of Additional Portable Oxygen Concentrator Devices on Board Aircraft
This rulemaking would add one portable oxygen concentrator (POC) to the list of acceptable POCs contained in Special Federal Aviation Regulation 106 (SFAR 106), increasing the number of acceptable POCs from 11 to 12. This action is necessary to allow the additional POC to be used on board aircraft and to ensure that all POC devices deemed acceptable by the FAA are allowed to be used by the traveling public, provided certain conditions specified in SFAR 106 are met.
07/12/2010
FAA 2120‐AI89
Re‐registration and Renewal of Aircraft Registration This rule amends requirements concerning the registration of aircraft. The rulemaking is based on the need to increase and maintain the accuracy of aircraft registration information in the Civil Aviation Registry. This rule ensures aircraft owners periodically provide information regarding changes in registration. The rule responds to the concerns of law enforcement and other government agencies and provides more accurate, up‐to‐date aircraft registration information to
07/20/2010
all users of the Civil Aviation Registry database.
FAA 2120‐AH31
Safe, Efficient Use and Preservation of the Navigable Airspace
This rulemaking would amend the regulations governing objects that may affect the navigable airspace. These rules have not been revised in several decades, and the FAA has determined it is necessary to update the regulations, incorporate case law and legislative action, and simplify the rule language. These changes will improve safety and promote the efficient use of the National Airspace System.
07/21/2010
FAA 2120‐AJ21
Maneuvering Speed Limitation Statement This rulemaking would clarify the transport category airplane airworthiness standards on flying at or below the design maneuvering speed (VA). This action results from an accident investigation and responds to a National Transportation Safety Board recommendation. The intended affect of this action would be to prevent a misunderstanding of what VA is and the extent of structural protection that exists when an airplane is flying at speeds below VA from causing or contributing to future accidents.
08/16/2010
FAA 2120‐AJ30
Crewmember Requirements When Passengers Are Onboard
This rulemaking would allow one required flight attendant to deplane during passenger boarding to conduct safety related duties, and it would permit a reduction of flight attendants remaining onboard the airplane during passenger deplaning. Currently, during passenger boarding and deplaning, all flight attendants are required to be onboard the airplane and this
11/05/2010
frequently complicates a flight attendant's ability to complete other safety‐related duties required by FAA regulations, and may lead to unintended negative consequences.
FAA 2120‐AI05
Aging Aircraft Program (Widespread Fatigue Damage) This rulemaking would require design approval holders to establish limits of validity (LOVs) of the engineering data that support the maintenance programs for certain transport category airplanes, and it would require them to determine if maintenance actions are needed to prevent widespread fatigue damage before an airplane reaches its LOV. This rulemaking would require operators of any affected airplane to incorporate the LOV into the airworthiness limitations section of the instructions for continued airworthiness. This rulemaking would also prohibit operation of an affected airplane beyond the LOV, unless an operator has incorporated an extended LOV and any necessary service information into its maintenance program.
11/15/2010
FAA 2120‐AJ50
Revisions to the Civil Penalty Inflation Adjustment Tables
This rulemaking would adjust the Civil Penalty Inflation Adjustment Table. This rulemaking is required by the Debt Collection Improvement Act of 1996. It adjusts for inflation the civil monetary penalties to deter violations and promote compliance with the law.
11/29/2010
FAA 2120‐AJ66
Air Traffic Controller Mandatory Retirement Age Waiver
This rulemaking would amend the process of requesting a waiver of the mandatory separation age for air traffic control specialists. This action is necessary
01/04/2011
because the current process contains requirements that are either contrary or redundant to current air traffic records retention policy. The effect of this action would reduce the burden of tracking information, which is currently stored for less than the five year requirement.
FAA 2120‐AJ81
Feathering Propeller System for Light‐Sport Aircraft Powered Gliders
This rulemaking would eliminate the "autofeathering" propeller system requirement for powered gliders under light‐sport aircraft rules. The change is necessary to provide for a simple, manual feathering propeller system. The intended effect is to make the requirement more consistent with the use of a light‐sport powered glider and the expected level of complexity for light‐sport aircraft.
01/04/2011
FAA 2120‐AJ32
Crew Resources Management Training for Crewmembers and Flight Followers in Part 135 Operations
This rulemaking will require Crew Resource Management (CRM) training for all pilots and flight attendants in 14 CFR part 135 operations. CRM training teaches crewmembers to effectively use all resources available to them (e.g. hardware, software, and all persons involved in aircraft operation) to achieve safe and efficient flight operations. This rulemaking is needed to ensure that all crewmembers in part 135 operations receive training and practice in the use of CRM principles, as appropriate for their operation. The intended effect of this rulemaking is to reduce accidents and incidents within the scope of part 135 operations.
01/21/2011
FAA 2120‐AJ45
Part 129 Operations Specifications This rulemaking will clarify and standardize the rules for application, amendment, suspension or revocation of operations specifications issued to foreign air carriers operating in the United States. This action is necessary to update the process for issuing operations specifications and establishes a regulatory basis for current practices, such as amending, terminating or suspending operations specifications. The intent of this action is to permit operations specifications to be easily revised and updated to meet international standards and the changing aviation environment.
02/10/2011
FAA 2120‐AJ85
Clarification on Reciprocal Waivers of Claims for Multiple‐Customer Commercial Space Launch and Reentry
This rulemaking would clarify that all customers must sign a reciprocal waiver of claims agreement. This clarification seeks to standardize the waiver agreement process for launches and reentries with multiple customers, as well as to eliminate confusion regarding who must sign such agreements.
02/15/2011
FAA 2120‐AJ92
Lavatory Oxygen Systems This rulemaking would temporarily authorize variances from existing standards related to the provisioning of supplemental oxygen inside lavatories. This action is necessitated by other mandatory actions that temporarily render such oxygen systems inoperative.
03/08/2011
FAA 2120‐AJ93
Prohibition Against Certain Flights Within the Tripoli (HLLL) Flight Information Region (FIR)
This action prohibits flight operations within the Tripoli (HLLL) Flight Information Region (FIR) by all: (1) U.S. air carriers; (2) U.S. commercial operators; (3) operators of U.S.‐registered aircraft, except operators of U.S.‐
03/23/2011
registered aircraft that are foreign air carriers; and (4) persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating a U.S.‐registered aircraft for a foreign air carrier. The FAA finds this action necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations.
FAA 2120‐AJ57
Electrical and Electronic System Lightning Protection This rulemaking would establish uniform lightning protection for electrical and electronic systems, based on the consequences of system function failure. This action is necessary because aircraft are increasingly equipped with flight‐critical systems, and use composite airframe structures that provide less protection than traditional aluminum. The intended effect is to establish two levels of protection: (1) for those failures that would prevent continued safe flight and landing; (2) for those failures that would reduce the aircraft's or the flightcrew's capability to respond to adverse conditions. Finally, it would harmonize FAA regulations with European Aviation Safety Agency (EASA).
06/08/2011
FAA 2120‐AJ84
Lightning Criteria for Expendable Launch Vehicles This rulemaking would amend flight criteria for mitigating natural lightning strikes and lightning triggered by the flight of an expendable launch vehicle through or near an electrified environment in or near a cloud. These changes are needed to increase launch availability and maintain common requirements with
06/08/2011
the U.S. Air Force.
FAA 2120‐AJ62
Rotor Overspeed Requirements This rulemaking would complement a final rule on engine life‐limited parts published in 2007. The rulemaking would establish a set of harmonized strength requirements for the design and testing of life‐limited engine rotors. Together, the two rules harmonize the standards for the design and testing of engine rotating parts with those of the European Aviation Safety Agency.
07/18/2011
FAA 2120‐AJ68
Overflight Fees This rulemaking would adjust existing overflight fees by using updated FAA cost accounting data and air traffic activity data. This action is necessary because operational costs for providing air traffic control and related services for Overflights have increased steadily since they were established in 2001.
07/20/2011
FAA 2120‐AJ36
Restrictions on Operators Employing Former Flight Standards Service Aviation Safety Inspectors
This rulemaking would prohibit a certificate holder from employing or contracting with a former Aviation Safety Inspector (ASI) or other person with certificate holder oversight responsibilities to act as an agent or to represent that certificate holder in any matter before the FAA. This restriction would apply if the person, in the proceeding two year period, has (a) served as, or was responsible for oversight of, a Flight Standards Service ASI; and (b) had the responsibility to inspect, or oversee the inspection of, the operations of the certificate holder. The rulemaking would enhance the
08/22/2011
FAA´s ability to properly perform its safety mission and to ensure that every passenger can have complete confidence in the integrity of the programs and operations administered by the FAA.
FAA 2120‐AJ43
Part 121 ‐ Activation of Ice Protection This rulemaking would amend the regulations applicable to operators of certain airplanes used in air carrier service and certificated for flight in icing conditions. The standards would require either the installation of ice detection equipment or changes to the Airplane Flight Manual to ensure timely activation of the airframe ice protection system. This regulation is the result of information gathered from a review of icing accidents and incidents, and it is intended to improve the level of safety when airplanes are operated in icing conditions.
08/22/2011
FAA 2120‐AJ18
Pilot‐in‐Command Proficiency Check and Other Changes to the Pilot and Pilot School Certification Rules
This rulemaking would require proficiency checks for pilots in command (PIC´s) of single‐piloted turbojet powered airplanes, allow pilot schools to use Internet‐based training without requiring schools to have a physical ground training facility, allow pilot schools and provisional pilot schools to apply for a combined private pilot certification and instrument rating course, and revise the definition of "complex airplane." FAA believes these actions are necessary to respond to changes in the aviation industry and to avoid imposing unnecessary regulatory burdens. The intended effect of this rulemaking would be to ensure flight
08/31/2011
crewmembers have the training and qualifications necessary to operate aircraft safely.
FAA 2120‐AJ82
Update Procedural Rules for Protests and Contract Disputes
This rulemaking would update, simplify, and clarify the current regulations governing the procedures for protest and contract disputes brought against the FAA. It would also add a voluntary dispute‐avoidance and early resolution process. This action is necessary to ensure the regulations reflect the changes that have evolved since 1999 when they were first implemented. The intended effect of this action is to streamline and further improve the protest and dispute process.
09/07/2011
FAA 2120‐AJ56
Function and Reliability Testing for Turbine‐powered Airplanes Less than 6,000 Pounds
This rulemaking would amend the flight test requirements to include function and reliability testing for turbine‐powered airplanes that are less than 6,000 pounds. These requirements would address technological advancements in airplane structure, equipment and materials used in new airplanes. These requirements would ensure that the airplane and its components and equipment are reliable and function properly.
10/18/2011
FAA 2120‐AJ52
Damage Tolerance and Fatigue Evaluation of Composite Rotorcraft Structures
This rulemaking would address advances in composite structures technology. The intended effects are increased safety requirements as well as harmonization with international standards. The FAA currently considers this rulemaking nonsignificant. It will not show on next month´s Internet report.
12/01/2011
FAA 2120‐AJ72
Harmonization of Airworthiness Standards Flight Rules This rulemaking would harmonize U.S. and European airworthiness standards flight rules for takeoff speeds, static lateral‐directional stability, speed increase and recovery characteristics, and stall warning margin in the landing configuration in icing conditions. The takeoff speeds, static lateral‐directional stability, and speed increase and recovery characteristics requirements were adopted by the European Aviation Safety Agency (EASA) in 2003, and have been incorporated into current industry design practices. The proposed change for icing conditions would harmonize with EASA´s Certification Standard 25, amendment 6, effective July 6, 2009, which adopted an additional requirement concerning stall warning in the landing configuration.
12/01/2011
FAA 2120‐AJ22
Certification of Turbofan Powered Airplanes and Miscellaneous Amendments
This rulemaking would address certification and operational issues surrounding the introduction of turbofan powered airplanes. This action is necessary to standardize certification requirements and consolidate these requirements into one location. The intent is to ensure the same standards apply to all light aircraft.
12/02/2011
FAA 2120‐AJ51
Damage Tolerance and Fatigue Evaluation for Metallic Structures
The rule addresses advances in structural fatigue tolerance evaluation of transport category rotorcraft metallic structure and provide an increased level of safety by avoiding or reducing catastrophic fatigue failures of metallic rotorcraft structures.
12/02/2011
FAA 2120‐AJ80
Landing Gear Mechanism and Pilot Compartment View This rulemaking would harmonize U.S. and European Aviation Safety Agency standards for landing gear retracting mechanisms and pilot compartment view. The rulemaking would require landing gear and doors be kept in the correct retracted position in flight, and revise the requirements for pilot compartment view to account for conditions during precipitation. This action is intended to eliminate regulatory differences between U.S. and European aviation standards.
01/11/2012
FAA 2120‐AK02
Part 135 Airport Minimums This rulemaking would allow operators to conduct lower than standard instrument flight rules (IFR) operations at military airports or outside the United States when authorized to do so by their operations specifications. This action is necessary because that rule limits operators to takeoff minimum visibility of 1 mile, and a landing minimum visibility of ½ mile when conducting instrument flight rules operations. The intended affect of this action would conform with the requirements of the regulations governing operations at domestic civilian airports, which allow lower than standard IFR operations when authorized by a certificate holder's operations specifications.
01/11/2012
FAA 2120‐AK03
CAT III Definitions (RRR) This rulemaking would remove the definitions of Category IIIa, IIIb, and IIIc operations. The definitions are outdated and no longer necessary for aircraft certification or operational authorization. The removal of the definitions will aid in future international
02/16/2012
harmonization efforts, future landing minima reductions and airspace system capacity improvements due to the implementation of performance based operations.
FAA 2120‐AJ92
Lavatory Oxygen Systems This rulemaking would temporarily authorize variances from existing standards related to the provisioning of supplemental oxygen inside lavatories. This action is necessitated by other mandatory actions that temporarily render such oxygen systems inoperative.
02/27/2012
FAA 2120‐AK00
Medical Certificate Endorsement Issue (RRR) This rulemaking would remove an amendment, imposed in 2008, requiring individuals granted the Special Issuance of a Medical Certificate to have their letter of Authorization in their physical possession or readily accessible on the aircraft while exercising pilot privileges. This rulemaking responds to a 2007 International Civil Aviation Organization audit finding.
03/22/2012
FAA 2120‐AK10
Operations in Class D Airspace; Amendment of Taxi Clearance Language ‐ Taxi To Removal (RRR)
This rulemaking would remove the provision describing an abbreviated taxi clearance in Class D airspace. The FAA no longer uses these abbreviated taxi clearances and with this regulatory removal responds to National Transportation Safety Board (NTSB) recommendations.
05/14/2012
FAA 2120‐AJ75
Requiring the Use of the New York North Shore Route for Helicopters
This rulemaking would make the existing voluntary use of the North Shore Route by helicopters mandatory. This action is necessary to mitigate the numerous complaints regarding helicopter noise.
07/06/2012
FAA 2120‐AK16
Voluntary Licensing of Amateur Rocket Operations (Voluntary Licensing)
This rulemaking would amend amateur rocket licensing to allow launch operators that conduct certain amateur rocket activities an opportunity to voluntarily apply for a commercial space transportation license or permit.
08/22/2012
FAA 2120‐AK18
Use of Additional Portable Oxygen Concentrator Devices on Board Aircraft
This rulemaking would add five additional portable oxygen concentrators (POC) to the list of POCs approved for use on aircraft, increasing the number of acceptable POCs from 14 to 19. This action is necessary to allow the additional POCs to be used on board aircraft and to ensure that all POC devices deemed acceptable by the FAA are allowed to be used by the traveling public, provided certain conditions specified in SFAR 106 are met.
10/16/2012
FAA 2120‐AJ73
Explosive Siting Requirements This rulemaking would revise the safe separation distance requirements for planning the configuration of a commercial launch site. These revisions would align the safe separation distance with the Department of Defense, Occupational Safety and Health Administration (OSHA), National Fire Protection Association (NFPA) and Compressed Gas Association (CGA) standards. This action is necessary to update 420.65‐420.69 with current industry practices, to codify specific industry standards that apply to launch activities, and to correct minor inconsistencies in the current rule.
11/06/2012
FAA 2120‐ Pilot Loading of Aeronautical Database Upgrades This rulemaking would no longer define loading data by 11/29/2012
AJ91 pilots into navigation, terrain awareness and surface databases as preventive maintenance. This action would aid in the timely replacement of databases that may expire on or after their applicable date of use. The intended effect would improve aviation safety by ensuring data is available to the flightcrew at all times.
FAA 2120‐AK19
Type Certification Procedures for Changed Products This rulemaking clarifies how an action shows compliance of an altered, type‐certificated product with the applicable requirements. This rulemaking is necessary because there has been confusion regarding whether an applicant is responsible for the complete product as altered or only those areas affected by the change. The intended effect of this action is to clarify what an applicant has to show for areas of the type‐certificated product affected by a design change.
12/04/2012
FAA 2120‐AK15
Exhaust Emissions Standards for New Aircraft Gas Turbine Engines and Identification Plate for Aircraft Engines (NOx Emissions Rule Update)
This rulemaking would revise the nitrous oxide (NOx) emission standards for fuel venting and exhaust emission requirements for turbine‐engine powered airplanes; amend Identification and Registration Marking for aircraft engines; add compliance flexibilities and other regulatory requirements for aircraft turbofan or turbojet engines with rated thrust greater than 26.7 kN, and incorporate certain requirements for aircraft gas turbine engines subject to exhaust emission standards. This rulemaking is necessary to conform with new EPA requirements and harmonize with ICAO standards.
12/31/2012
FAA 2120‐AJ76
Noise Certification Regulations for Tiltrotor Aircraft This rulemaking would establish noise certification standards for issuing type and airworthiness certificates for a new civil, hybrid airplane‐rotorcraft known as the tiltrotor. This rule proposes to adopt the same noise standards found in the International Civil Aviation Organization (ICAO) Annex 16, Chapter 13, Attachment F (Amendment 8) for tiltrotors certificated in the United States.
01/08/2013
FAA 2120‐AK14
Requirements for Chemical Oxygen Generators Installed on Transport Category Airplanes (Chemical Oxygen Standards)
This rulemaking would introduce type certification requirements for chemical oxygen generator (COG) installations installed on transport category airplanes. This action is necessary to address potential security vulnerabilities with COGs and provide performance‐based options for acceptable installations. The intended effect would increase the level of security and safety for future transport airplane designs.
01/09/2013
FAA 2120‐AJ70
Safety Enhancements Part 139, Certification of Airports This rulemaking would clarify the applicability language based only on passenger seats in passenger‐carrying operations as determined by either the regulations or the aircraft type certificate. This rulemaking would also add a new section that prohibits intentional false or fraudulent statements concerning an airport operating certificate, and adopt administrative changes for internal consistency. These changes are necessary to ensure the reliability of records maintained by a certificate holder and reviewed by the FAA.
01/16/2013
FAA 2120‐AJ88
Propeller Critical Parts Integrity 35.16 This rulemaking would define a propeller critical part, require the identification of propeller critical parts by the manufacturer, and establish engineering, manufacturing, and maintenance processes for those parts. These new requirements provide an added margin of safety for the continued airworthiness of propeller critical parts by requiring a system of processes to identify and manage these parts throughout their service life. This rule would also harmonize with existing European Aviation Safety Agency (EASA) propeller critical parts requirements, thereby simplifying airworthiness approvals for exports.
01/18/2013
FAA 2120‐AK21
Lavatory Oxygen Systems This rulemaking adds termination criteria and an expiration date to SFAR 111. This rulemaking is necessary to reconcile SFAR 111 with AD 2012‐11‐09. The intended effect is to prevent a conflict between AD 2012‐11‐09 that reestablishes the requirement to provide supplemental oxygen in lavatories and existing SFAR 111, which temporarily waives that requirement.
01/28/2013
FAA 2120‐AJ83
Installed Systems And Equipment for Use by the Flight Crew
This rulemaking would amend design requirements in the airworthiness standards for transport category airplanes in an effort to minimize the occurrence of design‐related flightcrew errors. The new design requirements would enable flightcrews to detect and manage their errors when the errors occur. This action would establish uniform airworthiness design
05/03/2013
standards in the U.S. and Europe.
FAA 2120‐AK25
Terminating Operations of Jets of Weights At or Less Than 75,000 lbs. and Not Stage 3 Noise Compliant (Reauthorization)
This rulemaking adopts the following statutory language, "[A]fter December 31, 2015, a person may not operate a civil subsonic jet airplane with a maximum weight of 75,000 pounds or less, and for which an airworthiness certificate (other than an experimental certificate) has been issued, to or from an airport in the United States unless the Secretary of Transportation finds that the aircraft complies with [S]tage 3 noise levels."
07/02/2013
FAA 2120‐AK27
Flight Data Recorder Airplane Parameter Specification Omission and Correction
This rulemaking would amend the operating regulations for flight data recorders by correcting errors in recording rates in three different appendices. These errors create requirements that could not be met by certain aircraft without extensive modification, which was not intended when the requirements were adopted. The corrected recording rates mirror what was discussed in the preamble to the final rule when the applicable flight data recorder parameter requirements were adopted; however, the requirements were accidentally omitted from the current publication of the regulatory text.
07/03/2013
FAA 2120‐AJ67
Pilot Certification and Qualification Requirements (formerly First Officer Qualification Requirements) (HR 5900)
This rulemaking would amend the eligibility and qualification requirements for pilots engaged in part 121 air carrier operations. Additionally, it would modify the requirements for an airline transport pilot
07/15/2013
certificate. These actions are necessary because recent airline accidents and incidents have brought considerable attention to the experience level and training of air carrier flight crews. This rulemaking is a result of requirements in P.L. 111‐216.
FAA 2120‐AK01
Combined Drug and Alcohol Testing Programs for Operators Conducting Commercial Air Tours (RRR)
This rulemaking would allow air carrier operators and commuter or on‐demand operators that also conduct commercial air tour operations to combine the drug and alcohol testing required for each operation into one testing program. The current rule requires those operators to conduct separate testing programs for their commercial air tour operations. This results in an unnecessary duplication of effort. The intended effect of this rulemaking is to decrease operating costs by eliminating the requirement for duplicate programs while maintaining the level of safety intended by existing rules. This rulemaking would also clarify existing instructions within the rule, would correct a typographical error, and would remove language describing a practice that has been discontinued.
07/15/2013
FAA 2120‐AJ97
Rules of Practice for Federally‐Assisted Airport Enforcement Proceedings (Retrospective Regulatory Review)
This action would update, simplify, and streamline rules of practice and procedure for filing and adjudicating complaints against federally‐assisted airports. It would improve efficiency by enabling parties to file submissions with the Federal Aviation Administration (FAA) electronically, and by incorporating modern business practices into how the FAA handles
09/12/2013
complaints. This rulemaking is necessary to reflect changes in applicable laws and regulations, and to apply lessons learned since the existing rules were implemented in 1996. The intended effects of this action are to improve the efficiency of the complaint and investigation processes, and clarify process requirements for persons involved in complaint proceedings. Small businesses, including general aviation operators and aviation service businesses such as fixed‐base operators (FBOs), charter providers, and aircraft management companies, who are often involved in complaints, would benefit from this rule because it would decrease time spent and volume of paper documents needed to process complaints by allowing parties to file electronically.
FAA 2120‐AK23
Certified Flight Instructor Flight Reviews, Recent Pilot in Command Experience, Airmen Online Services
This rulemaking would permit an airman who passes a practical test for issuance of a flight instructor certificate, a practical test for the addition of a rating to a flight instructor certificate, a practical test for renewal of a flight instructor certificate, or a practical test for the reinstatement of a flight instructor certificate to meet the 24‐calendar month flight review requirements. This rule also clarifies that the generally applicable recent flight experience requirements do not apply to a pilot in command who is employed by a commuter or on‐demand operator if the pilot in command is in compliance with the specific pilot in command qualifications and recent experience
09/16/2013
requirements for that commuter or on‐demand operator. Finally this rule would permit replacement airman and medical certificates to be requested online, or by any other method acceptable to the Administrator. These changes would relieve regulatory burdens and clarify existing regulations.
FAA 2120‐AJ00
Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers
This rulemaking would amend the regulations for crewmember and dispatcher training programs in domestic, flag, and supplemental operations. The rulemaking would enhance traditional training programs by requiring the use of flight simulation training devices for flight crewmembers and including additional training requirements in areas that are critical to safety. The rulemaking would also reorganize and revise the qualification and training requirements. The changes are intended to contribute significantly to reducing aviation accidents.
11/12/2013
FAA 2120‐AK11
Minimum Altitudes for Use of Autopilots (RRR) This rulemaking will modify the way pilots operate an aircraft´s autopilot capabilities during flight. This action is necessary because evolving aircraft technologies have outpaced current FAA´s operational guidance for use of autopilots. The intended effect of this rulemaking is to allow movement of aircraft in safer and more efficient flight patterns, resulting in operator efficiency, while smoothly incorporating ever‐increasing related technological changes.
02/03/2014
FAA 2120‐AK35
SFAR 106 Amendment to Add Chart Sequal Technologys eQuinox and Vbox Trooper Portable Oxygen System (POC) (Use of Additional Portable Oxygen Concentrator Devices on Board Aircraft)
This rulemaking would amend SFAR 106 to allow the addition of two new models of Portable Oxygen Concentrators (POCs). This amendment, combined with the approval of aircraft operators, is necessary to properly add these new POC models to the existing list of POC options and to expand the number of options available for the traveling public in need of oxygen therapy.
02/03/2014
FAA 2120‐AJ17
Prohibition on Personal Use of Electronic Devices on the Flight Deck (Personal Use of PEDs)
This rulemaking will prohibit flight crewmembers in part 121 operations from using a wireless communications device or laptop computer for personal use while at their duty station while the aircraft is being operated. This rulemaking will also clarify that this prohibition does not apply to the use of wireless communications devices for a purpose directly related to operation of the aircraft. The action is necessary to mitigate distractions in the cockpit, increase situational awareness, and reinforce sterile cockpit procedures, as recommended by the National Transportation Safety Board (NTSB). Additionally, this action is necessary to conform with the requirements of the FAA Modernization and Reform Act of 2012 (P.L. 112‐95, sec. 307).
02/12/2014
FAA 2120‐AJ53
Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous Amendments
This rulemaking would change equipment and operating requirements for commercial helicopter operations, including many specifically for helicopter air ambulance operations. This rulemaking is necessary
02/21/2014
to increase crew, passenger, and patient safety. The intended effect is to implement National Transportation Safety Board, Aviation Rulemaking Committee, and internal FAA recommendations.
FAA 2120‐AJ96
Stage 3 Helicopter Noise Certification Standards This rulemaking would adopt noise standards for helicopters. This noise standard would ensure that the latest available noise reduction technology is incorporated into new helicopter designs. The noise standard would apply to any applicant seeking to noise certify a new helicopter type design on and after the effective date of the final rule. It is intended to provide uniform noise certification standards for Stage 3 helicopters certificated in the U.S. and for helicopters that meet the ICAO Annex 16 Helicopter Chapter 8 and Chapter 11 noise standards adopted on June 29, 2001.
03/04/2014
FAA 2120‐AK36
Requirements for Chemical Oxygen Generators Installed on Transport Category Airplanes (Chemical Oxygen Standards)
This rulemaking would introduce type certification requirements for chemical oxygen generator (COG) installations installed on transport category airplanes. This action is necessary to address potential security vulnerabilities with COGs and provide performance‐based options for acceptable installations. The intended effect would increase the level of security and safety for future transport airplane designs. The NPRM for this rulemaking was originally issued under RIN 2120‐AK14. That RIN was inadvertently closed as a completed action for a rulemaking that was originally initiated under RIN 2120‐AK21. RIN 2120‐AK14 will
03/11/2014
continue under this new RIN.
FAA 2120‐AK50
Prohibition Against Certain Flights Within the Simferopol (UKFV) Flight Information Region (FIR)
This action prohibits certain flight operations within a portion of Simferopol (UKFV) Flight Information Region (FIR) by all U.S. air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S. ‐registered aircraft for a foreign air carrier, and operators of U.S. ‐registered civil aircraft, except when such operators are foreign air carriers. The FAA finds this action to be necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations.
04/25/2014
FAA 2120‐AK46
Extension of the Requirement for Helicopters to Use the New York North Shore Helicopter Route
This rulemaking would extend the expiration date of the final rule requiring pilots operating civil helicopters to use the New York North Shore Helicopter Route when operating along the north shore of Long Island, New York for two years, until August 6, 2016. The purpose of the rule is to protect and enhance public welfare by maximizing utilization of the existing route flown by helicopter traffic one mile off the north shore of Long Island, and thereby reducing helicopter overflights and attendant noise disturbance over nearby communities.
06/23/2014
FAA 2120‐AK49
Revision to 14 CFR 135.611(a)(3) IFR Departures with VFR to IFR Transitions (VFR to IFR Departures)
This rulemaking would amend language in 14 CFR 135.611(a)(3) to allow Helicopter Air Ambulance (HAA) flights to enter the National Airspace System under IFR,
07/28/2014
when these flights depart from airports or heliports without weather reporting when following an approved obstacle departure procedure in Class G airspace.
FAA 2120‐AJ61
Repair Stations This rulemaking would amend the FAA's repair station regulations to allow the FAA to deny an application for a new repair station certificate if the applicant or certain associated key individuals had materially contributed to the circumstances that caused a previous repair station certificate revocation action. The rulemaking modifies the regulation to state that certificate surrender is not complete until the FAA accepts the certificate for surrender. The rulemaking also adds a new section prohibiting fraudulent or intentionally false entries or omissions of material facts in any application, record, or report made under the repair station rules, and provides that making the fraudulent or intentionally false entry or omitting or concealing the material fact is grounds for suspending or revoking any certificate, approval, or authorization issued by the FAA to the person who made or caused the entry or omission. Additionally, the rulemaking adopts several administrative changes to clarify the intent of the current rule and correct minor errors.
08/12/2014
FAA 2120‐AK43
Orders of Compliance, Cease and Desist Orders, Orders of Denial, and Other Orders
This rulemaking would provide the opportunity for an informal conference with an FAA attorney before an order is issued under §13.20. This change is necessary to provide additional fairness and process to those
08/12/2014
persons who would be subject to such an order, and would be consistent with other enforcement actions. These conferences may result in a resolution of the matter, thereby conserving resources for respondents and the FAA.
FAA 2120‐AK13
Harmonization of Airworthiness Standards ‐ Miscellaneous Structures Requirements
This rulemaking would harmonize regulatory differences between the airworthiness standards of the FAA and European Aviation Safety Agency (EASA) by revising the structural test requirements necessary when analysis has not been found reliable; clarifying the quality control, inspection, and testing requirements for critical and non‐critical castings; adding control system requirements that consider structural deflection and vibration loads; expanding the fuel tank structural and system requirements regarding emergency landing conditions and landing gear failure conditions; adding a requirement that engine mount failure due to overload must not cause hazardous fuel spillage; and revising the inertial forces requirements for cargo compartments by removing the exclusion of compartments located below or forward of all occupants in the airplane. This action is based on recommendations from the Aviation Rulemaking Advisory Committee (ARAC). The intended effect is for future certificated transport airplanes to meet one single set of requirements.
10/02/2014
FAA 2120‐ Civil Penalty Inflation Adjustment for Commercial Space This rulemaking would adjust maximum civil penalties 10/16/2014
AK55 Adjudications Second Amendment (Civil Penalty Rule) imposed on violations of the Commercial Space Launch Act of 1984, as amended by the Commercial Space Launch Amendments Act of 2004. Under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, the FAA is statutorily‐required to conduct rulemaking every four years to adjust its maximum civil penalty amounts for inflation.
FAA 2120‐AK12
Harmonization of Airworthiness Standards‐Gust and Maneuver Load Requirements
This rulemaking would revise the manufacturing design requirements for transport category aircraft; specifically, the design criteria for calculating gust and maneuver loads, as well as engine failure loads. The revisions would allow for the determination of the appropriate gust loads during the design phase of the aircraft to account for the effects of new flight control systems, and the increased weights and sizes of modern aircraft and engines. These requirements would be consistent with current requirements already imposed on manufacturers seeking aircraft certification through EASA. These revisions are further supported by FAA´s Aviation Rulemaking Advisory Committee, which was tasked with reviewing and suggesting areas to eliminate differences between EASA and FAA transport category aircraft certification standards. Thus, this rulemaking would benefit manufacturers who would only need to consider one single set of certification requirements in designing transport category aircraft.
12/11/2014
FAA 2120‐AK40
Elimination of the Air Traffic Control Tower Operator Certificate for Controllers Who Hold a Federal Aviation Administration Credential With a Tower Rating (RRR)
This rulemaking would eliminate the requirement for an air traffic control tower operator to hold a control tower operator certificate if the individual also holds a Federal Aviation Administration Credential with a tower rating (FAA Credential). The requirement to hold both the control tower operator certificate and the FAA Credential is redundant since the underlying requirements for the FAA Credential encompass those of the control tower operator certificate. This action would reduce the FAA´s burden of administering redundant programs for those individuals who hold an FAA Credential.
12/16/2014
FAA 2120‐AK56
Prohibition Against Certain Flights in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) Flight Information Region (FIR)
This action amends Special Federal Aviation Regulation (SFAR) No. 113, section 91.1607,Prohibition Against Certain Flights in the Simferopol (UKFV) Flight Information Region (FIR), which prohibited certain flight operations in a portion of the Simferopol (UKFV) FIR by all U.S. air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.‐registered aircraft for a foreign air carrier, and operators of U.S.‐registered civil aircraft, except when such operators are foreign air carriers. This action expands the area in which flight operations by persons subject to SFAR No. 113, section 91.1607, are prohibited, to include all of the Simferopol (UKFV) FIR, as well as the entire Dnipropetrovsk (UKDV) FIR. This action also extends the expiration date of SFAR No.
12/29/2014
113, section 91.1607, to October 27, 2015. The FAA finds this action to be necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations.
FAA 2120‐AK61
Prohibition Against Certain Flights Within the Damascus (OSTT) Flight Information Region (FIR)
This action prohibits certain flight operation in the Damascus (OSTT) Flight Information Region (FIR) by all U.S. air carriers, U.S. commercial operators persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S. registered aircraft for a foreign air carrier, and operators of U.S. registered civil aircraft, except when such operators are foreign air carriers. The FAA previously prohibited such flight operations in FDC NOTAM 4/4936, which was issued on August 18, 2014 (UTC). This action incorporates that prohibition into the Code of Federal Regulations (CFR). The FAA finds that this action is necessary to prevent a potential hazard to persons and aircraft engaged in such flight operations.
12/30/2014
FAA 2120‐AJ86
Safety Management Systems for Part 121 Certificate Holders
This rulemaking would require each certificate holder operating under 14 CFR part 121 to develop and implement a safety management system (SMS) to improve the safety of its aviation related activities. A safety management system is a comprehensive, process‐oriented approach to managing safety throughout an organization. An SMS includes an organization‐wide safety policy; formal methods for identifying hazards, controlling, and continually
01/08/2015
assessing risk and safety performance; and promotion of a safety culture. SMS stresses not only compliance with technical standards but increased emphasis on the overall safety performance of the organization. This rulemaking is required under P.L. 111‐216, sec. 215.
FAA 2120‐AK59
Removal of Prohibition Against Certain Flights Within the Territory and Airspace of Ethiopia
This rulemaking would remove SFAR 87 to remove the prohibition to certain flight operations within the territory and airspace of Ethiopia north of 12 degrees north latitude by any U.S. air carrier or commercial operator, by any person exercising the privileges of an airman certificate issued by the FAA unless that person is engaged in the operation of a U.S.‐registered aircraft for a foreign air carrier, or by an operator using an aircraft registered in the U.S. unless the operator of such aircraft is a foreign air carrier.
02/04/2015
FAA 2120‐AJ33
Air Carrier Contract Maintenance Requirements (Reauthorization)
This rulemaking would revise the maintenance regulations for part 121 air carriers and for part 135 air carriers with airplanes having a passenger seating capacity of 10 or more. It requires affected air carriers to develop policies, procedures, methods, and instructions for performing contract maintenance that are acceptable to the FAA and to include them in their maintenance manuals. It would also require the air carriers to provide a list to the FAA of all persons with whom they contract their maintenance. These changes are needed because contract maintenance has increased to over 70 percent of all air carrier
03/04/2015
maintenance, and numerous investigations have shown deficiencies in maintenance performed by contract maintenance providers. This rulemaking helps ensure consistency between contract and in‐house air carrier maintenance and enhance the oversight capabilities of both the air carriers and the FAA.
FAA 2120‐AK70
Prohibition against Certain Flights within the Tripoli (HLL) Flight Information Region (FIR) Extension of Expiration Date
This rulemaking would extend the prohibition of flight operations within the Tripoli (HLL) Flight Information Region (FIR) by all U.S. air carriers, U.S. commercial operators, persons exercising the privileges of an airman certificate issued by the FAA, except when such persons are operating a U.S.‐registered aircraft for a foreign air carrier, and operators of U.S.‐registered civil aircraft, except operators of such aircraft that are foreign air carriers. The extension of the expiration date is necessary to address a potential hazard to persons and aircraft engaged in such flight operations. Additionally, the FAA is amending paragraph (c) , Permitted operations, of Special Federal Aviation Regulation (SFAR) No. 112, section 91.1603, to make clear that operations by sub‐contractors under a U.S. Government department, agency, or instrumentalities´ contract, grant, or cooperative agreement may be included in an approval request and to remove an obsolete reference to paragraph 8 of United Nations Security Council Resolution 1973.
03/24/2015
FAA 2120‐ Prohibition Against Certain Flights Within the Baghdad This action amends Special Federal Aviation Regulation 05/11/2015
AK60 (ORBB) Flight Information Region (FIR) Amendment (SFAR) No. 77, section 91.1605, Prohibition Against Certain Flights Within the Territory and Airspace of Iraq, which prohibits certain flight operations in the territory and airspace of Iraq by all United States (U.S.) air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S. registered civil aircraft for a foreign air carrier, and operators of U.S. registered civil aircraft, except when such operators are foreign air carriers. On August 8, 2014, the FAA issued a Notice‐to‐Airmen (NOTAM) prohibiting flight operations in the ORBB FIR at all altitudes, subject to certain limited exceptions, due to the armed conflict in Iraq. This amendment to SFAR No. 77, section 91.1605, incorporates the flight prohibition set forth in the August 8, 2014, NOTAM into the rule. The FAA is also making technical corrections to a previously published amendment to SFAR No. 77, section 91.1605, revising the approval process for this SFAR for other U.S. Government departments, agencies, and instrumentalities, to make it more similar to the approval process for other recently published flight prohibition SFARs, and adding an expiration date.
FAA 2120‐AK69
Prohibition of Fixed‐Wing Special Visual Flight Rules Operations at Washington‐Dulles International Airport (Prohibit Dulles Fixed‐Wing SVFR)
This rulemaking would prohibit fixed‐wing special visual flight rules operations at Washington‐Dulles International Airport. This action is necessary to support aviation safety and the efficient use of the navigable airspace by managing operations in the busy
05/19/2015
and complex airspace around the airport.
FAA 2120‐AJ90
Effective Tether System (Tether Rule) (RRR) This rulemaking would exclude tethered launches from the licensing requirements of 14 CFR chapter III. This rulemaking is necessary to maintain public safety for these launches by providing launch vehicle operators with clear and simple criteria for a safe tethered launch. For tethered launches that satisfy the design and operational criteria, the FAA would not require a license, permit or waiver. This action is intended to impose no additional requirements on operators, but provides an alternative to conducting a tethered launches.
06/04/2015
FAA 2120‐AK68
Pilot Age Limit Crew Pairing Requirement This rulemaking will remove the current pilot pairing restriction for international, commercial air transport operations (if one pilot is over age 60, the other pilot must be under age 60) for part 121 air carriers, as well as for certain other pilots serving in international operations using civil airplanes on the U.S. Registry. This rulemaking is necessary to amend FAA regulations to conform to a statutory requirements.
06/12/2015
FAA 2120‐AK17
Disclosure of Seat Dimensions to Facilitate Use of Child Safety Seats on Airplanes During Passenger‐Carrying Operations (FAA Reauthorization)
This rulemaking would require air carriers conducting domestic, flag, and supplemental operations to make available on their Web sites information to enable passengers to determine which child restraint system can be used on airplanes in these operations. Specifically, this rulemaking would require air carriers
09/30/2015
to make available on their Web sites the width of the narrowest and widest passenger seats in each class of service for each make, model and series of airplane used in passenger‐carrying operations.
FAA 2120‐AK20
Changes to Production Certificates and Approvals This rulemaking would revise requirements for certification procedures and identification of aeronautical products and articles. This action would allow manufacture of certain airframe components by engine manufacturers; add a requirement that an accountable person be named for certain production approval holders; and add a minor change to marking requirements for certain wood propellers. These changes reflect the current global manufacturing environment, thereby promoting aviation safety. This rulemaking replaces RIN 2120‐AK04.
10/01/2015
FAA 2120‐AK78
Extension of the Prohibition Against Certain Flights in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs)
This action would continue the prohibition on flight operations in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) FIRs by all U.S. air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.‐registered aircraft for a foreign air carrier, and operators of U.S.‐registered civil aircraft, except when such operators are foreign air carriers. The FAA finds this action necessary to address a continuing hazard to persons and aircraft engaged in such flight operations.
10/27/2015
FAA 2120‐AK82
Registration and Marking Requirements for Small Unmanned Aircraft
This interim final rule would establish an alternative, stream‐lined, web‐based aircraft registration system for certain small unmanned aircraft systems, to help facilitate compliance with existing statutory obligations for aircraft registration. The alternative process will help create a culture of accountability and ensure responsible use of small UAS. As evidenced by the recent reports of unsafe UAS operations, the lack of awareness of operators regarding what must be done to operate UAS safely in the NAS, and the lack of identification of UAS and their operators pose significant challenges in ensuring accountability for responsible use. Without increased awareness and knowledge of the statutory and regulatory requirements for safe operation, the risk of unsafe UAS operations will only rise. Aircraft registration, identification, and marking will assist the Department in identifying owners of UAS that are operated in an unsafe manner, so we may continue to educate these users, and when appropriate, take enforcement action. This rulemaking is based on public comment regarding the proposed aircraft registration process for small UAS in the Operation and Use of Small UAS notice of proposed rulemaking and recommendations from the UAS Registration task force.
12/16/2015
FAA 2120‐AK72
Prohibition Against Certain Flights in Specified Areas of the Sanaa (OYSC) Flight Information Region (FIR)
This rulemaking would prohibit certain flight operations in specified areas of the Sanaa (OYSC) Flight Information Region (FIR) by all U.S. air carriers, U.S.
01/07/2016
commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.‐registered aircraft for a foreign air carrier, and operators of U.S.‐registered civil aircraft, except when such operators are foreign air carriers. This rulemaking follows up on a May 22, 2015, Notice to Airmen (NOTAM). The FAA found this action necessary to address the hazardous situation created by the risks to U.S. civil aviation from ongoing military operations, political instability, violence from competing armed groups, and the continuing terrorism threat from extremist elements associated with the fighting and instability in Yemen. This action incorporates the flight prohibition contained in the May 22, 2015 NOTAM into the Code of Federal Regulations.
FAA 2120‐AK75
Prohibition against Certain Flights in the Territory and Airspace of Somalia
This action would expand the FAA's existing prohibition against certain flights in the territory and airspace of Somalia by all United States (U.S.) air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.‐registered aircraft for a foreign air carrier, and operators of U.S.‐registered civil aircraft, except when such operators are foreign air carriers. The prohibition would expand by raising the minimum Flight Level (FL) for flight operations by such persons from FL200 to FL260. The FAA is taking this action because it has determined that there is an
01/07/2016
unacceptable risk to U.S. civil aviation operating in the territory and airspace of Somalia at altitudes below FL260 resulting from terrorist and militant activity. The security situation in Somalia remains unstable. In response to this activity, the FAA published a Notice to Airmen (NOTAM) on May 12, 2015, prohibiting U.S. civil flight operations in the territory and airspace of Somalia at altitudes below FL260. This amendment would incorporate the flight prohibition set forth in the NOTAM into the rule, revise the approval process for proposed operations by other U.S. Government departments, agencies, and instrumentalities to align with the approval processes established for other recently published flight prohibition rules and clarify the FAA's expectations regarding requests for approval, and reorganize the placement of the rule within the General Operating and Flight Rules. This final rule would remain in effect for two years.
FAA 2120‐AJ42
Student Pilot Application Requirements (formerly Photo Requirements for Pilot Certificates)
This rulemaking would require applicants to apply for a student pilot certificate through a Flight Standards District Office, designated pilot examiner, airman certification representative associated with a pilot school, or certified flight instructor. This rulemaking would respond to section 4012 of the Intelligence Reform and Terrorism Prevention Act and facilitates security vetting by the Transportation Security Administration of student pilot applicants prior to certificate issuance. Section 321 of the FAA
01/12/2016
Modernization and Reform Act of 2012 supersedes section 4022 of the Intelligence Reform and Terrorism Prevention Act, which provided the basis for the proposed rule. The FAA has initiated a new rulemaking (RIN 2120‐AK33) to address the new requirements for pilot certificates set forth in section 321.
FAA 2120‐AK29
Harmonization of Airworthiness Standards for Fire Extinguishers and Class B and F Cargo Compartments
This rulemaking would harmonize several part 25 fire extinguisher and cargo compartment requirements with those in the EASA Certification Specifications for Large Aeroplanes (CS‐25). It would limit the size of an existing cargo compartment, add a new definition for a class of cargo compartments without size limitation, update associated fire extinguisher requirements, and propose cargo liner and floor panel requirements and their material testing criteria for the narrow cargo compartments. This action would benefit manufacturers who would only need to consider one single set of certification requirements.
02/16/2016
FAA 2120‐AK08
Flight Simulation Training Device Qualification Standards for Extended Envelope and Adverse Weather Event Training (International Cooperation)
This rulemaking would amend the Qualification Performance Standards for flight simulation training devices (FSTDs) for the primary purpose of improving existing technical standards and introducing new technical standards for full stall and stick pusher maneuvers, upset recognition and recovery maneuvers, maneuvers conducted in airborne icing conditions, takeoff and landing maneuvers in gusting crosswinds, and bounced landing recovery maneuvers. These new
03/30/2016
and improved technical standards are intended to fully define FSTD fidelity requirements for conducting new flight training tasks introduced through recent changes to the air carrier training requirements, as well as to address various National Transportation Safety Board (NTSB) and Aviation Rulemaking Committee recommendations. This final rule also updates the FSTD technical standards to better align with the current international FSTD evaluation guidance and introduces a new FSTD level that expands the number of qualified flight training tasks in a fixed‐base flight training device. These changes will ensure that the training and testing environment is accurate and realistic, will codify existing practice, and will provide greater harmonization with international guidance for simulation. The amendments will not apply to previously qualified FSTDs with the exception of the FSTD Directive, which codifies the new FSTD technical standards for specific training tasks.
FAA 2120‐AK71
Aviation Training Device Credit for Pilot Certification This rulemaking would relieve burdens on pilots seeking to obtain aeronautical experience, training, and certification by increasing the allowed use of aviation training devices. These training devices have proven to be an effective, safe, and affordable means of obtaining pilot experience. These actions are necessary to bring the regulations in line with current needs and activities of the general aviation training community and pilots.
04/12/2016
FAA 2120‐AJ89
Slot Management and Transparency for LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport
This rulemaking would replace the current temporary orders limiting scheduled operations at LaGuardia Airport, John F. Kennedy International Airport, and Newark Liberty International Airport with a more permanent rule to address the issues of congestion and delay at the New York area´s three major commercial airports, while also promoting fair access and competition. The rulemaking would help ensure that congestion and delays are managed by limiting scheduled and unscheduled operations. The rulemaking would also establish a secondary market for U.S. and foreign air carriers to buy, sell, trade, and lease slots amongst each other at each of the three airports. This would allow carriers serving or seeking to serve the New York area airports to exchange slots as their business models and strategic goals require.
05/16/2016
FAA 2120‐AK32
Acceptance Criteria for Portable Oxygen Concentrators Used Onboard Aircraft (RRR)
This rulemaking would replace the existing process by which the Federal Aviation Administration (FAA) approves portable oxygen concentrators (POC) for use on board aircraft in air carrier operations, commercial operations, and certain other operations using large aircraft. This rulemaking would also replace the current process and allows passengers to use a POC on board an aircraft if the POC satisfies certain acceptance criteria and bears a label indicating conformance with the acceptance criteria. Additionally, this rulemaking would eliminate redundant operational requirements and paperwork requirements related to the physician's
05/24/2016
statement. As a result, this rulemaking would reduce burdens for POC manufacturers, passengers who use POCs while traveling, and affected aircraft operators.
FAA 2120‐AK30
Requirements for Protection of Fuel Tanks from Flame Propagation through Fuel Vent Lines
This rulemaking would modify the airworthiness standards for transport category airplanes to require fuel tank designs that prevent a fuel tank explosion caused by flame propagation through the vent system from a post‐crash ground fire or from lightning strikes. Preventing a fuel tank explosion following an accident provides additional time for the safe evacuation of passengers.
06/24/2016
FAA 2120‐AJ60
Operation and Certification of Small Unmanned Aircraft Systems
This rulemaking would allow the commercial operation of small unmanned aircraft systems (small UAS) in the National Airspace System (NAS). These changes would address the operation of small unmanned aircraft systems, certification of their operators, registration of the small unmanned aircraft, and display of registration markings. This action would also find airworthiness certification is not required for small unmanned aircraft system operations subject to this rulemaking.
06/28/2016
FAA 2120‐AK90
Revisions to the Civil Penalty Inflation Adjustment Tables
This interim final rule is the catch‐up inflation adjustment to civil penalty amounts that may be imposed for violations of FAA regulations, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
07/05/2016
FAA 2120‐AK06
Changing the Collective Risk Limits for Launches and Reentries and Clarifying the Risk Limit Used to Establish Hazard Areas for Ships and Aircraft
This rulemaking would revise the requirements, 1) establish quantitative public risk acceptability criteria that treat launch and reentry separately, 2) define the scope of launch and reentry mission for the purposes of quantitative risk analyses (QRA), and 3) apply QRA requirements, including uncertainty analysis, equally to all types of launch and reentry vehicles. These revisions update the current regulations and are consistent with current practices at the Federal ranges.
07/20/2016
FAA 2120‐AK54
Changes to the Application Requirements for Operations in Reduced Vertical Separation Minimum Airspace (RVSM Appendix G) RRR
This rulemaking would revise the FAA´s requirements for an application to operate in Reduced Vertical Separation Minimum (RVSM) airspace. This action is necessary to eliminate the considerable burden and expense of developing, processing, and approving RVSM maintenance programs. The intended effect of this action is that an RVSM applicant would no longer be required to develop and submit an RVSM maintenance program solely for the purpose of an RVSM authorization.
07/20/2016
FAA 2120‐AK84
Extension of the Requirement for Helicopters to Use the New York North Shore Helicopter Route (Extension of New York North Shore Helicopter Route)
This rulemaking would extend the expiration date, which is August 6, 2016, for the current regulation requiring civil helicopters operating under visual flight rules to use the New York North Shore route. This rulemaking is necessary to avoid a lapse in the requirement for this specified type of operation.
07/25/2016
FAA 2120‐ Housing Repair Stations This rulemaking would revise the housing and facilities 07/27/2016
AK86 requirements for aircraft maintenance, and the regulations for limited ratings. This action is necessary because the current housing and facilities, and limited ratings do not reflect current and future repair station business practices for certificate holders and applicants who wish to hold a limited rating. The intended effect of this final rule is to ensure certificate holders have suitable housing and facilities for the ratings and limitations they hold. Also, by adding an additional limited rating, repair stations will be afforded the option to identify component parts that are not covered by the current twelve limited ratings. This action will alleviate a costly and over burdensome housing expense for repair stations and applicants who hold a limited rating.
FAA 2120‐AK44
Reciprocal Waivers of Claims for Licensed or Permitted Launch and Reentry Activities (RRR)
This rulemaking would ensure customers are waiving claims against all other customers involved in a launch or reentry; reduce the need for operators to request a partial waiver of the reciprocal waiver of claims requirements and for the FAA to process those requests; and provide a reciprocal waiver template for permittees with no customers, reducing the need for the FAA to assist such a permittee in drafting its cross waivers.
08/18/2016
FAA 2120‐AK63
SFAR‐108 MU‐2 Aircraft Training Requirements Update (SFAR 108 Update)
This rulemaking would relocate and update the content of SFAR No. 108 to the newly created subpart N of part 91 in order to improve the safety of operating the
09/07/2016
Mitsubishi Heavy Industries (MHI) MU‐2B series airplane. SFAR No. 108 will be eliminated from the Code of Federal Regulations on [DATE 14 MONTHS AFTER PUBLICATION] after which time all MU‐2B operators must comply with this subpart. The FAA is relocating the training program from the SFAR No. 108 appendices to advisory material in order to allow the FAA to update policy while ensuring significant training adjustments still go through notice‐and‐comment rulemaking. The FAA is also correcting and updating several inaccurate maneuver profiles to reflect current FAA training philosophy and adding new FAA published procedures not previously part of the MU‐2B training under SFAR No. 108. As a result of moving the prescriptive training requirements to advisory material, this rule will require all MU‐2B training programs to meet the performance standards of this subpart and to be approved by the FAA to ensure safety is maintained. As a result of this action, operators, training providers, and safety officials will have more timely access to standardized, accurate training material.
FAA 2120‐AK74
Pearson Field Airport Special Flight Rules Area (Pearson SFRA)
This rulemaking would establish a Special Flight Rules Area in the vicinity of Pearson Field Airport, Vancouver, Washington. Pearson Field Airport is located approximately three nautical miles northwest of Portland International Airport, Portland, Oregon. The close proximity of the airport traffic patterns and approach courses create converging flight paths
09/12/2016
between traffic on approach to Portland International Airport and traffic at Pearson Field Airport, increasing the risk for near mid‐air collision, mid‐air collision and wake turbulence events. The intended effect of this action is to mitigate the identified risk by establishing operating requirements applicable to all aircraft when operating within a designated area at Pearson Field Airport, which would increase overall system efficiency and safety.
FAA 2120‐AK92
Prohibition Against Certain Flights in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs)
This action extends the expiration date of the Prohibition Against Certain Flights in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) Flight Information Regions (FIRs). This action is necessary to continue the prohibition on flight operations in the Simferopol (UKFV) and Dnipropetrovsk (UKDV) FIRs by all U.S. air carriers, U.S. commercial operators, persons exercising the privileges of a U.S. airman certificate, except when such persons are operating a U.S.‐registered aircraft for a foreign air carrier, and operators of U.S.‐registered civil aircraft, except when such operators are foreign air carriers. The FAA finds this action also necessary to address a continuing hazard to persons and aircraft engaged in such flight operations.
10/27/2016
FAA 2120‐AK53
Update of Overflight Fees This rulemaking would update the existing overflight fees (last updated in a 2011 Final Rule) using more current FAA cost accounting and air traffic activity data. Overflight fees are charges for aircraft flights that
11/29/2016
transit U.S.‐controlled airspace but neither take off nor land in the United States.
FAA 2120‐AJ94
Enhanced Flight Vision System (EFVS) (RRR) This rulemaking would permit operators to use an EFVS in lieu of natural vision to continue descending from 100 feet height above runway touchdown zone elevation to the runway. This action would also permit certain operators using EFVS‐equipped aircraft to dispatch, release, or takeoff under instrument flight rules (IFR), and to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. Pilot training, recent flight experience, and proficiency would be required for operators who use EFVS in lieu of natural vision to descend below decision altitude, decision height, or minimum descent altitude. The FAA believes that an EFVS can provide operational and safety benefits during Category II and Category III approach operations. The rulemaking would enable expanded EFVS operations, which would increase access and efficiency in low visibility conditions, and potentially result in fewer missed approaches and delayed take‐offs.
12/13/2016
FAA 2120‐AK95
Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers‐ Related Aircraft Amendment
This rulemaking would allow air carriers to seek a deviation from the flight simulation training device (FSTD) requirements for related aircraft proficiency checks. In doing so, it corrects an inadvertent omission
12/16/2016
from the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule that allowed air carriers to modify training program requirements for flightcrew members operating multiple aircraft types with similar design and flight handling characteristics.
FHWA 2125‐AF07
Express Lane Demonstration Program Pursuant to SAFETEA‐LU, this rulemaking would establish requirements, standards, or performance specifications for automated toll collection systems implemented under the Express Lanes Demonstration Program.
10/08/2009
FHWA 2125‐AF19
Real‐Time System Management Information Program (Final Rule w/ Request for Comments)
This action would establish a real‐time system management information program to provide, in all States, the capability to monitor, in real‐time, the traffic and travel conditions of the major highways of the United States. Section 1201 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA‐LU) provides that the purpose of this program would be to improve the security of the surface transportation system, to address the congestion problems facing motorists, to support improved response to weather events and surface transportation incidents and to facilitate national and regional highway traveler information.
11/08/2010
FHWA 2125‐AF35
Highway Systems Technical Correction This rulemaking would amend 23 CFR Part 470 to remove outdated references to 23 U.S.C. 139 and
02/08/2011
replace them with the correct references to 23 U.S.C. 103.
FHWA 2125‐AF42
Public Road Mileage for Apportionment of Highway Safety Funds
This rulemaking would update the definition of "State" in 23 CFR 460.2(e) to include the Commonwealth of the Northern Mariana Islands per 23 U.S.C. 401.
03/09/2011
FHWA 2125‐AF40
Value Engineering This rulemaking would amend 23 CFR Part 627 to implement changes made to 23 USC 106 by section 1904 of SAFETEA‐LU. Specifically, section 1904 requires a Value Engineering analysis for bridge projects over $20 million and any other project designated by the Secretary. It also allows the Secretary to require more than one Value Engineering study of a major project. This rulemaking will also address opportunities when an analysis could be conducted during the planning, development, and construction of projects, and address changes in industry practices regarding methods to conduct Value Engineering studies.
03/15/2012
FHWA 2125‐AF41
National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets and Highways; Engineering Judgments (RRR)
As part of our retrospective regulatory review, this rulemaking makes changes to the Manual on Uniform Traffic Control Devices (MUTCD) to clarify the definition of "Standard Statements" in the MUTCD and to clarify the use of engineering judgment and studies in the application of traffic control devices.
05/14/2012
FHWA 2125‐AF43
National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets
As part of our retrospective regulatory review, this rulemaking makes changes to the Manual on Uniform
05/14/2012
and Highways; Compliance Dates Revision (RRR) Traffic Control Devices (MUTCD) to revise the compliance dates for certain requirements in the MUTCD. The changes adopted are intended to reduce the costs and impacts of compliance dates on State and local highway agencies and to streamline and simplify the information.
FHWA 2125‐AF45
Size and Weight Technical Correction This rulemaking would update 23 CFR part 658 appendix C (Trucks Over 80,000 lbs on the Interstate Systems and Trucks Over STAA Lengths on the National Network) for the States of Nebraska and Oregon to correct errors made by FHWA in the description of these States´ laws in effect as of 1991.
05/31/2012
FHWA 2125‐AF47
Construction and Maintenance ‐ Culvert Pipe Selection (MAP‐21)
Section 1525 of MAP‐21, "State Autonomy for Culvert Pipe Selection," requires the Secretary of Transportation, within 180 days of the date of enactment of MAP‐21 (October 1, 2012) to modify section 635.411 of title 23 CFR, to ensure that States shall have the autonomy to determine culvert and storm sewer material types to be included in the construction of a project on a Federal‐aid highway.
01/28/2013
FHWA 2125‐AF46
Environmental Impact and Related Procedures (MAP‐21)
This rulemaking would modify an existing categorical exclusion (CE) for emergency repair projects under 23 U.S.C. 125 to include emergency projects as described in Section 1315 of MAP‐21. It also requests comments on whether additional activities ought to be expressly included in the CE, consistent with the principles
02/19/2013
underlying emergency projects and sound transportation asset management.
FHWA 2125‐AF48
Environmental Impact and Related Procedures (MAP‐21)
This rulemaking would change FTA and FHWA joint procedures that implement NEPA. It would add two new categorical exclusions under 23 CFR 771.117(c) for actions eligible for assistance under Title 23, within an existing operational right‐of‐way and actions with limited Federal assistance as described in Section 1316 and 1317 of MAP‐21, respectively.
01/13/2014
FHWA 2125‐AF58
Design Build Alternative Technical Concepts The FHWA proposes to revise its regulatory provisions in 23 CFR 636 to encourage wider use of alternative technical concepts in design‐build project delivery. Specifically, 23 CFR 636.209(b) will be revised to allow proposers to submit technical and price proposals based on their preapproved alternate technical concepts without submitting a base proposal. The current policy requires allows the use of supplemental alternative technical concept proposals but not as a substitute for base proposals that respond to the Request for Proposal solicitation requirements.
02/12/2014
FHWA 2125‐AF64
Value Engineering This rulemaking will update 23 CFR part 627 to implement the changes made by section 1503 of the Moving Ahead for Progress in the 21st Century Act (MAP‐21). The general intent and requirements of the Value Engineering (VE) regulation will remain the same. Specific changes to the regulation include: specifying
09/05/2014
that a VE analysis is required for each project on the National Highway System (NHS) with an estimated total project cost of $50 million or more that utilizes Federal‐aid highway funding; specifying that a VE analysis is required for each bridge project on the NHS with an estimated total project cost of $40 million or more that utilizes Federal‐aid highway funding; removing the VE analysis requirement for bridges off the NHS; clarifying that a VE analysis is no longer required for projects delivered using the design build method of construction; and clarifying when a VE analysis should be conducted on projects delivered using the Construction Manager/General Contractor (CM/GC) method of contracting.
FHWA 2125‐AF66
Additional Authorities for Planning and Environmental Linkages
This rulemaking would amend the regulation by adding an additional authority for the use of planning products in the enviromental review process required under NEPA. Specifically, through this rulemaking FHWA and FTA would interpret and implement MAP 21´s additional authority for FHWA and FTA to use planning products developed by States, MPOs, and other agencies during the transportation planning process in the enviromental review process for a project.
09/10/2014
FHWA 2125‐AF50
Surface Transportation Project Delivery Program (MAP‐21)
MAP‐21 amends section 327 of title 23 U.S.C. to make the Surface Transportation Project Delivery Program a permanent option for all States, adds multimodal projects, authorizes the use of Federal funds for related
09/16/2014
legal fees, and limits the renewable option to a period of five years. This rulemaking will amend 23 CFR Part 773 to conform with MAP‐21. This is a joint rulemaking with FTA and FRA.
FHWA 2125‐AF44
Administration of Engineering and Design Related Service Contracts (RRR)
This rulemaking would revise and update regulations governing the procurement, management, and administration of engineering and design related services directly related to a highway construction project and reimbursed with Federal‐aid highway program funding. To comply with statutory amendments, this rulemaking would remove all references to alternative or equivalent procedures contained in the existing regulations. This rulemaking proposes to revise existing small purchase procurement procedures to reflect an increase in the Federal threshold. This rulemaking would also address certain findings and recommendations contained in a 2008 Government Accountability Office regarding increased State DOT reliance on consultants and a 2009 DOT Office of the Inspector General audit regarding consultant indirect costs. This rulemaking would clarify existing Federal requirements in support of enhancing consistency with other Federal laws and applicable regulations and addressing evolutions in industry practices to improve the procurement, management, and administration of consultant services.
05/22/2015
FHWA 2125‐ Design Standards for Highways This rulemaking would update 23 CFR 625.4, which 06/02/2015
AF67 incorporates by reference several standards, policies, and standard specifications that apply to new construction, reconstruction, resurfacing, restoration, and rehabilitation projects on the National Highway System. The rulemaking would incorporate by reference updated versions of design standards and standard specifications previously adopted and incorporated by reference. Most notably, this rulemaking would incorporate by reference the 2011 version of the AASHTO Green Book. This rulemaking also would make additional technical changes to this section requested by the Federal Register.
FHWA 2125‐AF24
National Tunnel Inspection Standards (MAP‐21) This rulemaking revises 23 CFR Part 650 ‐ Bridges, Structures, and Hydraulics, by adding the National Tunnel Inspection Standards (NTIS) under Subpart E. The NTIS is modeled after the existing National Bridge Inspection Standards and includes requirements for, among other things, inspection procedures, the qualifications and training of inspectors, and a National Tunnel Inventory. MAP‐21 broadened FHWA´s authority to include all highway tunnels. In addition, it made a number of changes to the NBIS, upon which this rulemaking is based.
07/14/2015
FHWA 2125‐AF49
National Goals and Performance Management Measures 1 (MAP‐21)
This rulemaking would create national performance management measures and standards to be used by the States to meet the national transportation goals identified in Section 1203 of MAP‐21. This rulemaking
03/15/2016
would also establish the process to be used by States to set performance targets that reflect their performance measures. The FHWA anticipates publishing up to three separate rulemakings to address the different areas covered by this section. This rulemaking, the first, will cover safety.
FHWA 2125‐AF56
Highway Safety Improvement Program (MAP‐21) This rulemaking would update 23 CFR 924 to incorporate changes made by MAP‐21. Specifically, MAP‐21 removed the requirement for States to prepare a Transparency Report, removed the High Risk Rural Roads set‐aside, and removed the 10% flexibility provision for States to use safety funding in accordance with 23 U.S.C. 148(e). MAP‐21 also adds data system and improvement requirements, State Strategic Highway Safety Plan update requirements, special rules, and State performance targets.
03/15/2016
FHWA 2125‐AF71
Heavy Vehicle Use Tax Technical Correction This rulemaking would make a technical correction to the regulations that govern the enforcement of the Heavy Vehicle Use Tax. The amendments contained herein make no substantive changes to FHWA regulations, policies, or procedures. The current regulation references a section of the United States Code that was later amended by the Moving Ahead for Progress in the 21st Century Act (MAP‐21).
05/23/2016
FHWA 2125‐AF52
Statewide and Nonmetropolitan Transportation Planning; Metropolitan Transportation Planning (MAP‐
This rulemaking would propose amendments to the regulation 23 CFR Part 450 and 49 CFR Part 613 under
05/27/2016
21) which the FHWA and the Federal Transit Administration (FTA) respectively administer the Metropolitan Transportation Planning program authorized by 23 USC 134 and 49 USC Section 5303 and the Statewide Non‐Metropolitan Transportation Planning program authorized by 23 USC 135 and 49 USC 5304. Sections 1201 and 1202 of MAP‐21 replace 23 USC 134 and 135, to require a continuing, comprehensive, and coordinated transportation planning and programming process in metropolitan areas, nonmetropolitan areas, and Statewide. The NPRM on Planning and Environmental Linkages (2125‐AF66) has been merged with this rulemaking at the final rule stage. These provisions add an additional authority for the use of planning products in the environmental review process required under NEPA. Specifically, through this rulemaking FHWA and FTA would interpret and implement MAP‐21´s additional authority for FHWA and FTA to use planning products developed by States, MPOs, and other agencies during the transportation planning process in the environmental review process for a project.
FHWA 2125‐AF69
FHWA and FTA Categorical Exclusions This rulemaking would amends FHWA's and FTA's categorical exclusions (CEs) for projects receiving limited Federal assistance to reflect a Fixing America's Surface Transportation (FAST) Act requirement under section 1314 to index for inflation the monetary thresholds for these CEs. It would also implement
05/31/2016
section 1315(b) of the FAST Act directing the FHWA to amend its rules on programmatic agreements. The amendments contained in this rule reflect statutory language in the FAST Act.
FHWA 2125‐AF62
Acquisition of Right‐of‐Way (RRR) (MAP‐21) This rulemaking would update 23 CFR 710 to conform with MAP‐21 and make some additional changes to streamline and clarify 23 CFR 710. Section 1302 of MAP‐21 amends 23 U.S.C. 108 to provide States with new flexibility for reimbursements of costs of State‐funded acquisitions of interests in real property incurred before completion of the NEPA environmental review process for the entire project. MAP‐21 also allows the Secretary to authorize a State to use Federal funds for early acquisition of a real property interest if certain conditions are met, including completion of the NEPA environmental review process for the acquisition only.
08/23/2016
FHWA 2125‐AF57
Asset Management Plan (MAP‐21) This rulemaking would establish a process for the development of a State risk‐based asset management plan in accordance with Section 1106 of the Moving Ahead for Progress in the 21st Century Act (MAP‐21). This rulemaking would define a process for developing
asset management plans that lead to a strategic program of projects that would make progress toward achievement of the States´ targets for asset condition and performance of the National Highway System in accordance with 23 U.S.C. 150(d) and support the
10/24/2016
progress toward the achievement of the national goals identified in 23 U.S.C. 150(b). This rulemaking would also define the minimum standards for States to use in
developing and operating highway bridge and pavement management systems required under 23
U.S.C. 150(c)(3)(A)(i). OMB designated this rulemaking nonsignificant on 8/24/16. This rulemaking will not appear on future significant rulemaking reports.
FHWA 2125‐AF61
Construction Manager, General Contractor (MAP‐21) This rulemaking would update FHWA regulations to reflect statutory language in section 1303 of MAP‐21 allowing two‐phase contracting to a construction manager or general contractor for preconstruction and construction services.
12/02/2016
FHWA 2125‐AF68
Metropolitan Planning Organization (MPO) Coordination
The rulemaking would provide methods for improving MPO coordination in the transportation planning process, recognizing the critical role that transportation plays in ensuring the economic well‐being of a region and the role that MPOs play in identifying efficient improvements that serve the region's mobility needs. The changes under consideration in the rulemaking are intended to enable MPOs to speak with a stronger, more unified voice, to increase efficiencies and reduce project delivery times, and to improve the extent to which transportation investments reflect the needs and priorities of a metropolitan region.
12/20/2016
FMCSA 2126‐ Interstate Van Operations This rulemaking would make the requirements 02/01/2010
AA98 concerning driver qualifications; driving of CMVs; parts and accessories necessary for safe operations; hours of service; and inspection, repair, and maintenance applicable to the operation of vehicles designed or used to transport between 9 and 15 passengers (including the driver) for direct compensation, in interstate commerce, regardless of the distance traveled. Currently the safety regulations apply to such vans when the vehicle is operated beyond a 75 air‐mile radius of the driver´s work reporting location. This action is in response to SAFETEA‐LU.
FMCSA 2126‐AA89
Electronic On‐Board Recorders for Hours‐of‐Service Compliance
This rulemaking would amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate new performance standards for electronic on‐board recorders (EOBRs) installed in commercial motor vehicles (CMVs) manufactured 2 years after the effective date of a final rule. On‐board hours‐of‐service recording devices meeting FMCSA´s current requirements and voluntarily installed in CMVs manufactured before that date could continue to be used for the remainder of the service life of those CMVs. Motor carriers that have demonstrated a history of serious noncompliance with the hours‐of‐service (HOS) rules would be subject to mandatory installation of EOBRs meeting the new performance standards (a remedial directive). The motor carrier would then be required to install EOBRs in all of its CMVs regardless of their date of manufacture and to use the devices for
04/05/2010
HOS recordkeeping for a period of 2 years, unless the carrier already had equipped its vehicles with automatic on‐board recording devices (AOBRDs) meeting the Agency´s current requirements under 49 CFR 395.15 and could demonstrate to FMCSA that its drivers understand how to use the devices. FMCSA would encourage industry‐wide use of EOBRs by providing the following incentives for motor carriers to voluntarily use EOBRs in their CMVs: Revising the Agency´s compliance review procedures to permit examination of a random sample of drivers´ records of duty status; and providing partial relief from HOS supporting documents requirements, if certain conditions are satisfied. Final Rule (2); Technical Amendments and Response to Petitions for Reconsideration‐The Agency received several petitions regarding the April 5, 2010 (EOBR) final rule. This Final Rule (2) makes technical changes to address the petitions and makes clarifying and editorial changes to correct inadvertent errors in the text of the EOBR final rule.
FMCSA 2126‐AB19
Fees for Unified Carrier Registration Plan and Agreement
This rulemaking would establish revised annual fees for the Unified Carrier Registration Agreement beginning calendar year 2010 as required under the Unified Carrier Registration Act of 2005, enacted as Subtitle C of the SAFETEA‐LU.
04/27/2010
FMCSA 2126‐ Medical Certification Requirements as Part of the The FMCSA amends its December 1, 2008 final rule 05/21/2010
AB24 Commercial Driver's License (CDL); Technical, Organizational, and Conforming Amendments.
implementing section 215 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA). This amendment makes changes to Title 49 of the Code of Federal Regulations. The purpose of this rule is both to make amendments responding to petitions for reconsideration and to make technical corrections to an FMCSA regulation. Accordingly, notice and an opportunity for public comment on these changes are not necessary.
FMCSA 2126‐AB23
Direct Final Rulemaking Procedures FMCSA proposes to amend its rulemaking procedures by establishing direct final rulemaking procedures. Under these procedures, FMCSA would make regulatory changes, which would become effective a specified number of days after the date of publication in the Federal Register, unless FMCSA receives written adverse comments or notice of intent to file adverse comments received by the date specified in the direct final rule. These new procedures should expedite the promulgation of routine or noncontroversial rules by reducing the time and resources necessary to develop, review, clear, and publish separate proposed and final rules. FMCSA would not use direct final rulemaking procedures for complex or controversial issues.
05/28/2010
FMCSA 2126‐AB21
Cargo Insurance for Property Loss or Damage This final rule would eliminate the requirement for most for‐hire motor carriers of property and freight forwarders to maintain cargo insurance in prescribed minimum amounts and file evidence of this insurance
06/22/2010
with FMCSA. Household goods motor carriers and household goods freight forwarders would continue to be subject to this cargo insurance requirement. This rule was split from RIN 2126‐AA22.
FMCSA 2126‐AB05
Minimum Levels of Financial Responsibility for Motor Carriers
This rulemaking would permit FMCSA´s financial responsibility requirements to be satisfied by insurance policies issued by a Canadian insurance company legally authorized to issue such policies in the Province or Territory of Canada where the motor carrier has its principal place of business. This action is in response to a request from the Government of Canada (Canada).
07/02/2010
FMCSA 2126‐AB31
Compliance with Interstate Motor Carrier Noise Emission Standards: Exhaust Systems
This direct final rule responds to a petition for rulemaking from the Truck Manufacturers Association (TMA). The Federal Motor Carrier Safety Administration (FMCSA) amends its regulations to eliminate turbochargers from the list of equipment considered to be noise dissipative devices. As written, 49 CFR 325.91(b) may allow vehicle operators to remove mufflers and still meet the Federal inspection requirements if commercial motor vehicle engines are equipped with turbochargers. This was not the intent of the rule. The rule must be amended to restore its original purpose.
09/20/2010
FMCSA 2126‐AB27
Parts and Accessories Neccessary for Safe Operations: Antilock Brake Systems
This rulemaking would make permanent a requirement that trailers with Antilock Brake Systems have an external malfunction indicator.
09/21/2010
FMCSA 2126‐AB22
Drivers of Commercial Motor Vehicles: Limiting the Use of Wireless Communication Devices
This rulemaking would ban text messaging while operating a commercial motor vehicle. This rulemaking is in response to Federal Motor Carrier Safety Administration‐sponsored studies that analyzed safety incidents and distracted drivers. This rulemaking would also address the National Transportation Safety Board´s "Most Wanted List" of safety recommendations.
09/27/2010
FMCSA 2126‐AA84
Brokers of Household Goods Transportation by Motor Vehicle
This rulemaking would address the American Moving and Storage Association´s petition for rulemaking and implement certain provisions of Subtitle B of SAFETEA‐LU. FMCSA would determine in this rulemaking whether 49 CFR part 371 needs to be amended to protect consumers against unscrupulous brokers of household goods.
11/29/2010
FMCSA 2126‐AB36
Hours of Service Exception for Railroad Signal Employees
Section 108 of the Railroad Safety Improvement Act of 2008 (RSIA), Public Law 110‐432, signed 10/16/08, effective July 16, 2009, states that railroad signal employees operating motor vehicles shall not be subject to hours of service (HOS) rules promulgated by any other Federal authority, including the Federal Motor Carrier Safety Administration (FMCSA). The RSIA will require the FMCSA to amend its HOS regulations to state that FMCSA HOS regulations do not apply to railroad signal employees. The rule will provide clarity to the motor carrier industry and eliminate improper citations to signal employees because enforcement officers may not be aware of the statutory exception.
05/05/2011
FMCSA 2126‐AB02
Commercial Driver's License Testing and Commercial Learner's Permit Standards
This rulemaking will establish revisions to the commercial driver´s license knowledge and skills testing standards as required by section 4019 of TEA‐21, implement fraud detection and prevention initiatives at the State driver licensing agencies as required by the SAFE Port Act of 2006, and establish new minimum Federal standards for States to issue commercial learner´s permits (CLPs), based in part on the requirements of section 4122 of Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA‐LU). In addition to ensuring the applicant has the appropriate knowledge and skills to operate a commercial motor vehicle, this rule would establish the minimum information that must be on the CLP document and the electronic driver´s record. The rule would also establish maximum issuance and renewal periods, establish a minimum age limit, address issues related to a driver´s State of Domicile, and incorporate previous regulatory guidance into the Federal regulations. This rulemaking would also address issues raised in the SAFE Port Act.
05/09/2011
FMCSA 2126‐AB37
Requirements for Intermodal Equipment Providers and for Motor Carriers and Drivers Operating Intermodal Equipment
This action extends until June 30, 2012, the compliance date concerning one element of the inspection, repair, and maintenance requirements for intermodal equipment (IME). The previous compliance date was June 30, 2011. The extension applies only to the requirements for drivers and motor carriers to prepare a driver‐vehicle inspection report (DVIR) on an item of
05/20/2011
IME even if no damage, defects, or deficies are discovered by, or reported to, the driver. This action would provide FMCSA with sufficient time to conduct a rulemaking proceeding in response to a petition.
FMCSA 2126‐AB30
Parts and Accessories Necessary for Operations; Saddlemount Braking Requirements (RRR)
In response to a petition for rulemaking from the Automobile Carrriers Conference, FMCSA proposes to amend the FMCSRs to eliminate the requirement for operational brakes on the last saddle‐mounted truck in a triple saddle‐mount combination, except when a full mount is present, as it could degrade the overall braking performance.
09/13/2011
FMCSA 2126‐AB33
Commercial Driver's License Information System State Procedures Manual, Release 5.2.0
FMCSA proposes to amend the Federal Motor Carrier Safety Regulations to incorporate by reference the most recent version of the American Association of Motor Vehicle Administrators´ CDLIS State Procedures Manual.
11/04/2011
FMCSA 2126‐AB39
Medical Certification Requirements as Part of the Commercial Driver's License (CDL); Extension of Certificate Retention Requirements
The FMCSA proposes to maintain in effect until January 30, 2014, the requirement for interstate drivers subject to the commercial driver´s license (CDL) regulations and the Federal physical qualifications rules to retain a paper copy of the medical examiner´s certificate. Interstate carriers would also be required to retain a copy of the medical certificate in the driver qualification files. This action is being taken to ensure uniform and consistent enforcement of the Federal physical qualifications rules until all States are able to
11/15/2011
post the medical self‐certification and medical examiner´s certificate date on the CDLIS driver record. It would not, however, extend dates for States to comply with the requirement to collect and to post to the CDLIS driver record data from a CDL holder´s medical self‐certification and medical examiner´s certificate.
FMCSA 2126‐AB29
Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones
This joint FMCSA/PHMSA rulemaking would restrict the use of mobile telephones while operating a commercial motor vehicle. This rulemaking is in response to Federal Motor Carrier Safety Administration‐sponsored studies that analyzed safety incidents and distracted drivers. This rulemaking addresses an item on the National Transportation Safety Board´s "Most Wanted List" of safety recommendations. It is part of the DOT Motorcoach Safety Action Plan.
12/02/2011
FMCSA 2126‐AB26
Hours of Service This rulemaking changes to the hours of service requirements for drivers operating a commercial motor vehicle transporting property. The requirement for this rulemaking was established on October 26, 2009, when Public Citizen, et al. (Petitioners) and FMCSA entered into a settlement agreement under which Petitioners´ petition for judicial review of the November 19, 2008, Final Rule on drivers´ hours of service was held in abeyance pending the publication of an NPRM reevaluating the Hours of Service rule.
12/27/2011
FMCSA 2126‐AB35
Harmonizing Schedule I Drug Requirements Amend 49 CFR 391 and 382 to be consistent with the Schedule I requirements in 49 CFR 392.
01/29/2012
FMCSA 2126‐AA97
National Registry of Certified Medical Examiners This rulemaking would establish training, testing and certification standards for medical examiners responsible for certifying that interstate commercial motor vehicle (CMV) drivers meet established physical qualifications standards; provide a database (or National Registry) of medical examiners that meet the prescribed standards for use by motor carriers, drivers, and Federal and State enforcement personnel in determining whether a medical examiner is qualified to conduct examinations of interstate truck and bus drivers; and require medical examiners to transmit electronically to FMCSA the name of the driver and a numerical identifier for each driver that is examined. The rulemaking would also establish the process by which medical examiners who fail to meet or maintain the minimum standards would be removed from the National Registry. This action is in response to section 4116 of Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA‐LU).
04/20/2012
FMCSA 2126‐AB38
Amendment to Agency Rules of Practice This rulemaking would clarify that paying a proposed civil penalty in full in response to a Notice of Claim would not allow respondents to unilaterally avoid an admission of the violations charged under part 386.18(c) of FMCSA´s Rules of Practice. This rulemaking
04/26/2012
would also implement procedures for placing carriers who have "reincarnated," or attempted to evade a history of violations by starting a new company, out‐of‐service.
FMCSA 2126‐AB51
Released Rates of Motor Carriers of Household Goods This rulemaking would harmonize FMCSA´s regulations with a March 8, 2012, Surface Transportation Board (STB) order in Docket RR 999, that requires certain information about household goods motor carrier liability to appear on the estimates and bills of lading that motor carriers must provide to individual shippers.
04/30/2012
FMCSA 2126‐AB45
Removal of a Final Rule; Electronic On‐Board Recorders for Hours‐of‐Service Compliance
This rulemaking would remove the CFR sections put into place by the vacated final rule 2126‐AA89. On April 5, 2010, FMCSA issued a related final rule (RIN 2126‐AA89) that required the use of EOBRs by motor carriers with significant hours‐of‐service violations (75 FR 17208). A petition for judicial review was filed with the Seventh Circuit. On August 26, 2011, the Court vacated the final rule due to how driver harassment was addressed by it.
05/14/2012
FMCSA 2126‐AB50
Unsatisfactory Safety Rating; Revocation of Operating Authority; Technical Amendments
This rule would reissue a regulation implementing a statutory requirement that FMCSA revoke the operating authority of a motor carrier that is prohibited from operating in interstate commerce for failure to comply with safety fitness requirements. These changes were initially adopted as a part of final rule 2126‐AA89 (EOBR1) which was vacated by a Seventh
05/14/2012
Circuit Court decision, in August 2011. This provision of the vacated rule was not discussed in the court´s opinion and as it is required by SAFELEA‐LU, it is being repromulgated as a final rule.
FMCSA 2126‐AB34
Inspection, Repair, and Maintenance; Driver‐Vehicle Inspection Report for Intermodal Equipment (RRR)
FMCSA eliminates the requirement for drivers operating intermodal equipment (IME) to submit — and intermodal equipment providers (IEPs) to retain — driver‐vehicle inspection reports (DVIRs) when the driver has neither found nor been made aware of any defects in the IME. This responds to a joint petition for rulemaking from the Ocean Carrier Equipment Management Association (OCEMA) and the Institute of International Container Lessors (IICL).
06/12/2012
FMCSA 2126‐AB52
Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations (RRR)
This rule would amend five FMCSA´s regulations governing the transportation of household goods to remove an obsolete requirement, resolve ambiguities and reduce a regulatory burden on household goods motor carriers. 1. The rule clarifies that certain movements between a factory or store to a residence are not subject to part 375 requirements. 2. The rule removes an obsolete regulation that required household goods movers to specify who would pay for collect complaint and inquiry telephone calls. 3 and 4. The rule would modifies the binding and non‐binding estimate regulations to clarify that if a household goods motor carrier and an individual shipper negotiate a revised written estimate, the additional goods or
06/20/2012
services must be accurately listed, in detail. 5. The rule adds an additional paragraph to the storage‐in‐transit rules, to require that when a carrier places goods into permanent storage, the storage contact information must show the individual shipper's name and the carrier must provide the shipper's contact information to the warehouse operator.
FMCSA 2126‐AB41
Record Retention Requirements for Household Goods Motor Carriers
Individual shippers must sign for receipt of Federal consumer protection information concerning interstate transportation of household goods when they seek service from authorized motor carriers. A November 2010 final rule requires the signed receipt to be kept by household goods motor carriers for three years. A request was received to reduce the retention period to one year. In this direct final rule, the Agency would reduce the retention period to one year.
07/16/2012
FMCSA 2126‐AB28
Parts and Accessories Necessary for Safe Operations; Brakes; Adjustment Limits.
In response to an April 2007 petition from the Commercial Vehicle Safety Alliance (CVSA), FMCSA proposes to revise the requirements concerning clamp and roto‐chamber brake actuator readjustment limits contained in subpart C of the FMCSRs. The purpose of this NPRM is to amend FMCSA´s Aug. 2005 final rule (70 FR 48007) by updating and recodifying the brake readjustment limits,clarifying their application, and correcting an error in cross‐referencing a Federal Motor Vehicle Safety Standard.
08/06/2012
FMCSA 2126‐AB54
General Technical Amendments (RRR) This final rule makes technical corrections throughout 49 CFR subtitle B, chapter III. The Agency is making minor editorial changes to correct errors and omissions and improve clarity. This rule does not make any substantive changes to the affected parts of the Federal Motor Carrier Safety Regulations. Technical amendments include parts 350, 375, 383, 385, 386, 387, 390, 393, 395, and 397.
10/01/2012
FMCSA 2126‐AB55
Rescission of 10‐Day Agency Discretionary Period in Assigning Unsatisfactory Safety Ratings (RRR)
This rule would remove the provision that gives the agency the discretion to allow a motor carrier transporting either passengers or hazardous materials requiring placards an additional 10 days before a proposed unsatisfactory safety rating becomes final when the carrier has asked the agency to change the proposed rating because corrective actions have been taken. This provision is inconsistent with 49 U.S.C. 31144(c)(4) and is contrary to the Department´s safety policy.
10/23/2012
FMCSA 2126‐AB58
Transportation of Agricultural Commodities (MAP‐21) This rulemaking would amend FMCSA regulations in response to the two agriculture‐related provisions in MAP‐21. The two provisions concern the transportation of agriculture‐related items by commercial motor vehicles (CMVs): section 32934 "Exemptions from Requirements for Covered Farm Vehicles" and section 32101(d), "Transportation of Agricultural Commodities and Farm Supplies." Section 32101(d) of MAP‐21 amends section 229(a)(1) of the Motor Carrier Safety
03/14/2013
Improvement Act of 1999 [49 U.S.C. 31136 (note)], which provides a statutory exception to the hours‐of‐service (HOS) rules for drivers of CMVs engaged in the transportation of agricultural commodities and farm supplies. Section 32934 of MAP‐21 provides a statutory exception to most of the Federal Motor Carrier Safety Regulations (FMCSRs), including those pertaining to commercial driver´s licenses and driver qualification requirements, for the operation of covered farm vehicles by farm and ranch operators, their employees, and certain other specified individuals under specific circumstances. This rulemaking would make two non‐discretionary amendments to the FMCSRs to incorporate the two agriculture‐related exemption provisions in MAP‐21. The agency has determined this rulemaking is nonsignificant because it is limited to the scope of the MAP‐21 requirements.
FMCSA 2126‐AB59
Commercial Driver's License Testing and Commercial Learner's Permit Standards
FMCSA amends its May 9, 2011, final rule in response to certain petitions for reconsideration. The 2011 final rule amended the commercial driver's license (CDL) knowledge and skills testing standards and established new minimum Federal standards for States to issue the commercial learner's permit (CLP). The Agency received 34 petitions for reconsideration that covered a wide range of issues. FMCSA granted or denied each of these petitions, by orders available in the docket referenced at the beginning of this notice. Today's final rule addresses the petitions that were granted.
03/25/2013
FMCSA 2126‐AB43
Self Reporting of Out‐of‐State Convictions (RRR) This rule would clarify the requirement for holders of commercial drivers licenses (CDL) convicted of violating traffic laws in a State other than the State that issued their CDL, to notify the State of issuance about those violations under part 383.31 of FMCSA's Commercial Drivers License Standards; and clarify the requirement for the licensing agency from the jurisdiction in which the conviction takes place to notify the State licensing Agency that issued the CDL under part 384.209 State Compliance with Commercial Drivers License Program. This rulemaking would also ensure that notifications required in sections 383.31 and 384.209 take place within 30 days of the conviction.
04/26/2013
FMCSA 2126‐AB48
Rescission of Quarterly Financial Reporting Requirements (RRR)
This rule would rescind the quarterly financial reporting requirements for certain for‐hire motor carriers of property (Form QFR) and for‐hire motor carriers of passengers (Form MP‐1). These requirements apply to Class I (average annual gross transportation operating revenues of $10 million or more) and Class II (average annual gross transportation operating revenues of $3 million dollars or more, but less than $10 million) for‐hire motor carriers of property. The requirements also apply to Class I (average annual gross transportation operating revenues of $5 million or more) for‐hire motor carriers of passengers. This burden can be removed without an adverse impact on safety or the Agency´s ability to maintain effective commercial regulations over the for‐hire trucking and passenger‐
05/24/2013
carrying industries. FMCSA estimates that the elimination of these reporting requirements reduces the burden to industry by 202.4 hours or $9,989.
FMCSA 2126‐AA22
Unified Registration System This rule would establish a new Unified Registration System (URS) to replace four legacy systems in support of FMCSA´s safety and commercial oversight responsibilities. It would require all entities subject to FMCSA jurisdiction to comply with a new URS registration and biennial update requirement, disclose the cumulative registration information collected by URS, and provide a cross‐reference to all regulatory requirements necessary to obtain permanent registration. It implements statutory provisions in the ICC Termination Act and SAFTEA‐LU. URS would serve as a clearinghouse and depository of information on, and identification of, motor carriers, brokers, freight forwarders, and others required to register with the Department of Transportation.
08/23/2013
FMCSA 2126‐AB62
Incorporation by Reference of Out‐of‐Service Criteria The final rule will update an existing incorporation by reference to adopt the new edition (October 1, 2013) of the "North American Standard Out‐of‐Service Criteria and Level VI Inspection Procedures and Out‐of‐Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials ad defined in 49 CFR part 173.403.
09/13/2013
FMCSA 2126‐AB06
Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operations (MAP‐21)
This rulemaking would require behind‐the‐wheel and classroom training for persons who must hold a commercial driver´s license to operate commercial motor vehicles. This action is in response to the U.S. Court of Appeals for the District of Columbia Circuit´s December 2005 decision remanding the May 21, 2004, Final Rule, "Minimum Training Requirements for Entry‐Level Commercial Motor Vehicle Operators" to the Agency for further consideration. The rulemaking will consider the effectiveness of CMV driver training in reducing crashes, the appropriate types and levels of training that should be mandated, and related costs. Additionally, provisions in this rulemaking would also be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP‐21) Act. MAP‐21 requires a final rule by October 1, 2013. This rulemaking was withdrawn to allow time to further study this issue.
09/19/2013
FMCSA 2126‐AB64
General Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations
This final rule makes technical corrections throughout title 49 CFR subtitle B, chapter III. The Agency is making minor editorial changes to correct errors and omissions, ensure conformity with Office of the Federal Register style, and improve clarity. This rule does not make any substantive changes to the affected parts of the Federal Motor Carrier Safety Regulations.
09/24/2013
FMCSA 2126‐AB04
Highway‐Rail Grade Crossing; Safe Clearance PHMSA and FMCSA amend the Hazardous Materials Regulations (HMR) and Federal Motor Carrier Safety
09/25/2013
Regulations (FMCSR), respectively, to prohibit a driver of a commercial motor vehicle or of a motor vehicle transporting certain hazardous materials or certain agents or toxins (hereafter collectively referenced as "regulated motor vehicle") from entering onto a highway‐rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping. This action is in response to Section 112 of the Hazardous Materials Transportation Authorization Act of 1994 and section 32509 of the Moving Ahead for Progress in the 21st Century Act of 2012. The intent of this rulemaking is to reduce highway‐rail grade crossing crashes.
FMCSA 2126‐AB60
Amendments to Implement Certain Provisions of the Moving Ahead for Progress in the 21st Century (MAP‐21) Act; Final Rule
The Federal Motor Carrier Safety Administration (FMCSA) adopts as final regulation certain provisions required by the Moving Ahead for Progress in the 21st Century (MAP‐21) Act. The rule is a nondiscretionary ministerial action that can be taken without issuing a notice of proposed rulemaking and receiving public comment, in accordance with an exception available to Federal agencies under the Administrative Procedure Act.
10/01/2013
FMCSA 2126‐AB65
Hours of Service of Drivers; Amendment of the 30‐Minute Rest Break Requirement
The FMCSA amends its December 27, 2011, final rule entitled "Hours of Service of Drivers" to provide an exception from the 30‐minute rest break requirement for short‐haul drivers who are not required to prepare records of duty status (RODS). The Agency also
10/28/2013
removes regulatory text from 49 CFR 395.3 made obsolete by the passing of the July 1, 2013, compliance date for the final rule. This action responds to a decision of the United States Court of Appeals for the District of Columbia Circuit.
FMCSA 2126‐AB69
Rescission of Quarterly Financial Reporting Requirements
FMCSA eliminates the quarterly financial reporting requirements for certain for‐hire motor carriers of property (Form QFR) and for‐hire motor carriers of passengers (Form MP‐1). This paperwork burden is removed without an adverse impact on safety or the Agency´s ability to maintain effective commercial regulatory oversight over the for‐hire trucking and passenger‐carrying industries. The annual reporting requirements remain.
12/17/2013
FMCSA 2126‐AB71
Medical Certification Requirements as Part of the Commercial Driver's License (CDL); Extension of Certificate Retention Requirements
The FMCSA amends its regulations to keep in effect until January 30, 2015, the requirement that interstate drivers subject to the commercial driver's license (CDL) regulations, and the Federal physical qualification requirements, must retain paper copies of their medical examiner's certificate. Interstate motor carriers are also required to retain copies of their drivers' medical certificates in their driver qualification files. This action is being taken to ensure the medical qualification of CDL holders until all States are able to post the medical self‐certification and medical examiner's certificate data on the Commercial Driver's License Information System (CDLIS) driver record. This
01/14/2014
rule does not, however, extend the compliance dates for States to collect and to post to the CDLIS driver record data from a CDL holder's medical self‐certification and medical examiner's certificate.
FMCSA 2126‐AB42
Patterns of Safety Violations by Motor Carrier Management (MAP‐21)
FMCSA amends its regulations to enable the Agency to suspend or revoke the operating authority registration of motor carriers that show egregious disregard for safety compliance, permit persons who have shown egregious disregard for safety compliance to exercise controlling influence over their operations, or operate multiple entities under common control to conceal noncompliance with safety regulations. These amendments implement section 4113 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA‐LU), as amended by § 32112 of the Moving Ahead for Progress in the 21st Century Act (MAP‐21), and are designed to enhance the safety of commercial motor vehicle (CMV) operations on our nation´s highways.
01/22/2014
FMCSA 2126‐AB70
Gross Combination Weight Rating; Definition The Federal Motor Carrier Safety Administration amends the definitions of "gross combination weight rating" (GCWR) in 49 CFR 383.5 and 390.5 to make the GCWR the greater of: (1) the GCWR specified by the manufacturer of the power unit, or (2) the sum of the gross vehicle weight ratings or gross vehicle weights of the power unit and towed unit(s) or any combination thereof, that produces the highest value. On February
03/19/2014
14, 2008, the CVSA petitioned FMCSA, to change the definition of GCWR which it said was "proving problematic for inspectors and industry when determining what is considered to be a CMV and when a CDL is required." The Agency granted the petition on August 18, 2011, and agreed to initiate a rulemaking. On August 27, 2012, FMCSA published a direct final rule (DFR), RIN 2126‐AB53 to amend the definition of GCWR (77 FR 51706). The FMCSA received several adverse comments, resulting in the withdrawal of the DFR (77 FR 65497, Oct. 29, 2012) and the subsequent re‐publication of the proposed GCWR definition as a notice of proposed rulemaking (NPRM), 78 FR 26575, May 7, 2013. The adverse comments to the DFR were addressed in the NPRM. This rulemaking effort continues actions to address requested changes to the current definition of GCWR, and a new rulemaking identification number must be assigned to separate subsequent rulemaking actions from the DFR that had been officially withdrawn on October 29, 2012 (77 FR 65497).
FMCSA 2126‐AB73
Incorporation by Reference of Out‐Of‐Service Criteria The final rule will update an exisiting incorporation by reference to adopt the new editiion (October 1, 2014) of the "North American Standard Out‐of‐Service Criteria and Level VI Inspection Procedures and Out‐of‐Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as
05/15/2014
defined in 49 CFR Part 173.403.
FMCSA 2126‐AB77
Reliable Home Heating Act President Obama signed S. 2086 into law (PL 113‐125), which states that if the Governor of a State declares a state of emergency caused by a shortage of residential heating fuel and, at the conclusion of the initial 30‐day emergency period (or a second 30‐day emergency period authorized under this subsection), the Governor determines that the emergency shortage has not ended, any extension of such state of emergency by the Governor, up to 2 additional 30‐day periods, shall be recognized by the Federal Motor Carrier Safety Administration as a period during which parts 390 through 399 of chapter III of title 49, Code of Federal Regulations, shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area so designated as under a state of emergency FMCSA must amend section 390.23(a)(1)(ii) of title 49, to conform to these provisions. As this final rule codifies non‐discretionary law FMCSA finds good cause that notice and public comment on this final rule is unnecessary.
10/22/2014
FMCSA 2126‐AB46
Inspection, Repair, and Maintenance; Driver‐Vehicle Inspection Report (RRR)
This rulemaking would rescind the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce submit, and motor carriers retain, driver‐vehicle inspection reports when the driver has neither found nor been made aware of any vehicle defects or deficiencies. Specifically, this rulemaking
12/18/2014
would remove a significant information collection burden without adversely impacting safety. This rulemaking responds in part to the President´s January 2012 Regulatory Review and Reform initiative.
FMCSA 2126‐AB75
Civil Penalty Inflation Adjustment 2014 This final rule specifies inflation adjustments to civil penalties for violating the FMCSA regulations. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The last time civil penalties were adjusted for inflation was in 2007.
04/03/2015
FMCSA 2126‐AB40
Medical Examiner's Certification Integration (MAP‐21) This rulemaking would build upon the National Registry (2126‐AA97) and Medical Certification (2126‐AA10) final rules. This rulemaking would (1) require certified medical examiners (MEs) performing physical examinations on drivers of commercial motor vehicles (CMV) to use a newly developed Medical Examination Report (MER) Form; (2) require MEs to use a prescribed form for the medical examiner´s certificate; (3) require MEs to report results of all completed commercial drivers´ physical examinations (including the results of examinations where the driver was found not to be qualified) to FMCSA by by midnight (local time) of the next calendar day following the examination; (4) transmit information from the Medical Examiner´s Certificate electronically from the National Registry system to the State Driver Licensing Agencies (SDLAs);(5) transmit to the SDLAs information about
04/23/2015
Medical Examiner´s Certificates that have been invalidated because a subsequent examination has found that the driver is not physically qualified; and (6) require the Agency to transmit medical variance information for such drivers electronically to the SDLAs.
FMCSA 2126‐AB44
Lease and Interchange of Vehicles; Motor Carriers of Passengers
This rule would adopt regulations governing the lease and interchange of passenger‐carrying commercial motor vehicles (CMVs) to: (1) identify the motor carrier operating a passenger‐carrying CMV and responsible for compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and all other applicable Federal regulations; and (2) ensure that a lessor surrenders control of the CMV for the full term of the lease or temporary exchange of CMVs and drivers. This action is necessary to ensure that unsafe passenger carriers cannot evade FMCSA oversight and enforcement by operating under the authority of another carrier that exercises no actual control over those operations. This action will enable the FMCSA, the National Transportation Safety Board (NTSB), and our Federal and State partners to identify motor carriers transporting passengers in interstate commerce and correctly assign responsibility to these entities for regulatory violations during inspections, compliance investigations, and crash studies. It also would provide the general public with the means to identify the responsible motor carrier at the time of transportation. While detailed lease and interchange regulations for
05/27/2015
cargo‐carrying vehicles have been in effect since 1950, this final rule for passenger‐carrying CMVs is focused entirely on operational safety. This rulemaking has been downgraded to nonsignificant and will not appear on next month´s report.
FMCSA 2126‐AB79
Rulemaking Procedures – Federal Motor Carrier Safety Regulations; Treatment of Confidential Business Information
FMCSA amends its Rulemaking Procedures by adding a new section establishing the standards and procedures that the Agency will use regarding the submission of certain confidential commercial or financial information that is referred to in this rule as confidential business information (CBI). This rule also sets forth the procedures for asserting a claim of confidentiality by parties who voluntarily submit CBI to the Agency in connection with a notice‐and‐comment rulemaking and in a manner consistent with the standards adopted in today's rule.
06/10/2015
FMCSA 2126‐AB78
Incorporation by Reference; North American Standard Out‐of‐Service Criteria (2015)
FMCSA amends its Hazardous Materials Safety Permits rules to update the current incorporation by reference of the "North American Standard Out‐of‐Service Criteria (OOSC)." Currently the rules reference the April 1, 2014, edition of the out‐of‐service criteria and, through this final rule, FMCSA incorporates the April 1, 2015, edition.
06/18/2015
FMCSA 2126‐AB80
State Compliance with Commercial Driver's License Program: Correction
FMCSA corrects its regulations implementing certain provisions of the Moving Ahead for Progress in the 21st Century Act (MAP‐21). FMCSA determined that an
06/29/2015
error was made in the publication of the October 1, 2013, MAP‐21 Implementation final rule. That rule inadvertently deleted paragraph (c) of § 384.209, Notification of traffic violations. This final rule is necessary to address the inadvertent error made to the state compliance regulations.
FMCSA 2126‐AB83
2015 General Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations
FMCSA amends its regulations by making technical corrections throughout title 49 of the Code of Federal Regulations (CFR), subtitle B, chapter III. The Agency is making minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update references, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations.
10/01/2015
FMCSA 2126‐AB85
Unified Registration System; Correction FMCSA is correcting the effective and compliance dates for its August 23, 2013, Unified Registration System (URS) final rule, as revised on October 21, 2015. The 2013 URS final rule was issued to improve the registration process for motor carriers, property brokers, freight forwarders, Intermodal Equipment Providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities required to register with FMCSA, and streamline the existing Federal registration processes to ensure the Agency can more efficiently track these entities. The October 21, 2015 final rule made slight revisions to the 2013
10/21/2015
rule and delayed the effective dates of that rule. This final rule corrects the effective and compliance dates, revised in 2015, and corrects regulatory provisions that have not yet gone into effect, as well as several temporary sections that are in effect already, to allow FMCSA additional time to complete the information technology (IT) systems work.
FMCSA 2126‐AB57
Prohibition of Coercion (MAP‐21) Congress authorized and required FMCSA to ensure that the regulations adopted pursuant to the Motor Carrier Safety Act of 1984 (MCSA), as amended by the Moving Ahead for Progress in the 21st Century Act (MAP‐21), do not result in coercion of drivers by motor carriers, shippers, receivers, or transportation intermediaries to operate CMVs in violation of certain provisions of the FMCSRs and the HMRs. That part of the rulemaking is authorized by sec. 32911 of MAP‐21. FMCSA has also utilized the broad authority of the MCSA [49 U.S.C. 31136(A)(1)‐(4)] and authorities transferred from the former Interstate Commerce Commission (ICC) under the ICC Termination Act [49 U.S.C. 13301(a)] to prohibit operators of CMVs from coercing drivers to violate certain provisions of the Agency's commercial regulations. The major provisions of this rule include prohibitions of coercion, procedures for drivers to report incidents of coercion to FMCSA, and rules of practice that the Agency will follow in response to reports of coercion.
11/30/2015
FMCSA 2126‐AB20
Electronic Logging Devices and Hours of Service Supporting Documents (MAP‐21) (RRR)
This rulemaking would establish: (1) minimum performance and design standards for hours‐of‐service (HOS) electronic logging devices (ELDs); (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs.
12/16/2015
FMCSA 2126‐AB90
Motor Carriers of Passengers; Lease and Interchange of Vehicles
FMCSA announces its intent to issue a rulemaking notice concerning revisions to its May 27, 2015, final rule titled "Lease and Interchange of Vehicles; Motor Carriers of Passengers." The Agency received numerous petitions for reconsideration of the final rule and determined that amendments should be considered in response to some of the petitions. The aspects of the 2015 final rule to be reconsidered are discussed in the notice. In addition, FMCSA will hold a roundtable discussion on the scope of the issues to be addressed in the forthcoming notice. The meeting will be public and will seek public input regarding the assignment of responsibility for safety violations to the correct party. Individuals with diverse experience, expertise, and perspectives are encouraged to attend. If all comments have been exhausted prior to the end of the session, the session may conclude early. The Agency intends to complete any regulatory action(s) taken in response to the petitions before January 1, 2018.
03/16/2016
FMCSA 2126‐AB86
Commercial Zones at International Border with Mexico FMCSA issues a final rule establishing the New Mexico Commercial Zone in Dona Ana County and Luna County, NM. This action is required by the Transportation Equity Act for the 21st Century (TEA‐21). The Agency also issues an interim final rule establishing an expanded commercial zone for the City of El Paso, TX, which now includes the new Tornillo‐Guadalupe international bridge and port of entry on the border with Mexico. Additionally, through this action, FMCSA provides clarification on the definition of the San Luis, AZ commercial zone. The Agency is interested in receiving public comments regarding what should constitute the eastern boundary for the FMCSA's commercial zone for the City of El Paso, TX, that would include the new Tornillo‐Guadalupe international bridge, port of entry, and public access roads O.T. Smith Road and Texas Farm‐to‐Market Road 3380 (M.F. Aguilera Highway) to Interstate Highway 10.
05/25/2016
FMCSA 2126‐AB87
Driving of Commercial Motor Vehicles: Use of Seat Belts
FMCSA proposes to revise the Federal Motor Carrier Safety Regulations (FMCSRs), by requiring that occupants in non‐passenger‐carrying commercial motor vehicles (CMVs) be properly restrained with the seat belt assembly, if so equipped, at all times the vehicles are operated on public roads. This rule would hold motor carriers and drivers responsible for ensuring that motor carrier employees and other authorized occupants riding in the CMV be properly restrained with the seat belt assembly required to be
06/07/2016
installed under the Federal Motor Vehicle Safety Standards (FMVSSs).
FMCSA 2126‐AB92
Incorporation by Reference; North American Standard Out‐of‐Service Criteria (2016)
FMCSA amends its Hazardous Materials Safety Permits rules to update the current incorporation by reference of the "North American Standard Out‐of‐Service Criteria (OOSC)." Currently the rules reference the April 1, 2015, edition of the out‐of‐service criteria and, through this final rule, FMCSA incorporates the April 1, 2016, edition.
06/17/2016
FMCSA 2126‐AB93
Federal Civil Penalties Inflation Adjustment of 2015 FMCSA is promulgating an interim final rule to ensure that the amount of civil penalties assessed or enforced by FMCSA reflect the statutorily mandated ranges as adjusted for inflation. Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), FMCSA is required to promulgate a catch‐up adjustment through an interim final rule.
06/27/2016
FMCSA 2126‐AB81
Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance; General Amendments (RRR)
FMCSA proposes to amend parts 393, "Parts and Accessories Necessary for Safe Operation," and 396, "Inspection, Repair and Maintenance," of the Federal Motor Carrier Safety Regulations (FMCSRs) in response to several petitions for rulemaking from the Commercial Vehicle Safety Alliance (CVSA) and the American Trucking Associations (ATA), and two safety recommendations from the National Transportation Safety Board (NTSB). Specifically, the Agency proposes
07/22/2016
to (1) add a definition of "major tread groove," (2) revise the rear license plate lamp requirement to provide an exception for truck tractors that do not have a rear license plate, (3) provide specific requirements regarding when violations or defects noted on a roadside inspection report need to be corrected, (4) amend Appendix G to the FMCSRs, "Minimum Periodic Inspection Standards," to include provisions for the inspection of (a) antilock braking systems (ABS), automatic brake adjusters, and brake adjustment indicators, (b) speed‐restricted tires, and (c) motorcoach passenger seat mounting anchorages, and (5) amend the periodic inspection rules to eliminate the option for motor carriers to use a violation –free roadside inspection report as proof of completing a comprehensive inspection at least once every 12 months. In addition, the Agency proposes to eliminate introductory text from Appendix G to the FMCSRs because the discussion of the differences between the North American Standard Inspection out‐of‐service criteria and FMCSA's periodic inspection criteria is unnecessary.
FMCSA 2126‐AB89
Amendments to Implement Certain Provisions of the Fixing America's Surface Transportation Act or "FAST Act"
The Federal Motor Carrier Safety Administration (FMCSA) adopts, as final, certain regulations required by the Fixing America's Surface Transportation Act (FAST Act). These statutory changes went into effect on October 1, 2015, and require that FMCSA make conforming changes to its regulations to ensure they
07/22/2016
are current and consistent with the statutory changes. Adoption of these rules is a nondiscretionary, ministerial action that FMCSA can take without issuing a notice of proposed rulemaking and receiving public comment, in accordance with the good cause exception available to Federal agencies under the Administrative Procedure Act (APA).
FMCSA 2126‐AB94
Parts and Accessories Necessary for Safe Operation; Windshield‐Mounted Technologies, Final Rule
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to allow the voluntary mounting of certain devices on the interior of the windshields of commercial motor vehicles (CMVs), including placement within the area that is swept by the windshield wipers. The Fixing America's Surface Transportation (FAST) Act directs FMCSA to amend the FMCSRs to allow, on a permanent basis, devices/technologies the Agency previously determined are likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved without the devices – FMCSA previously granted limited 2‐year exemptions for these devices. And the statute provides a definition of "vehicle safety technology" which encompasses several technologies the Agency must allow to be installed in the windshield.
09/23/2016
FMCSA 2126‐AB95
General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations
FMCSA amends its regulations by making technical corrections and ministerial corrections throughout title 49 of the Code of Federal Regulations (CFR), subtitle B,
10/04/2016
chapter III. The Agency is making minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, and improve clarity and consistency of certain regulatory provisions.
FMCSA 2126‐AB68
Commercial Driver's License Requirements of MAP‐21 and the Military Commercial Driver's License Act of 2012
This rule is intended to ease the transition of military members into civilian careers by reducing onerous paperwork and simplifying the licensing process. This rule proposes to extend the time period for applying for a skills test waiver from 90 days to 1 year for recently separated military. This rulemaking also proposes that active duty military members may apply for their Commercial Learner's Permits (CLPs) and CDLs in their current State of Station with the CLP and CDL being issued by their State of Domicile.
10/13/2016
FMCSA 2126‐AB91
Amendments to Implement Grants Provisions of the Fixing America's Surface Transportation Act or "FAST Act"
The Federal Motor Carrier Safety Administration (FMCSA) adopts, as final, certain regulations in Part 350 required by the Fixing America's Surface Transportation Act (FAST Act) enacted on December 4, 2015. The involved statutory changes go into effect on October 1, 2016, and require that FMCSA make conforming changes to its regulations to ensure they are current and consistent with the statutory requirements.
10/14/2016
FMCSA 2126‐AB18
Commercial Driver's License Drug and Alcohol Clearinghouse (MAP‐21)
This rulemaking would create a central database for verified positive controlled substances and alcohol test results for commercial driver´s license (CDL) holders
12/05/2016
and refusals by such drivers to submit to testing. This rulemaking would require employers of CDL holders and service agents to report positive test results and refusals to test into the Clearinghouse. Prospective employers, acting on an application for a CDL driver position with the applicant´s written consent to access the Clearinghouse, would query the Clearinghouse to determine if any specific information about the driver applicant is in the Clearinghouse before allowing the applicant to be hired and to drive CMVs. This rulemaking is intended to increase highway safety by ensuring CDL holders, who have tested positive or have refused to submit to testing, have completed the U.S. DOT´s return‐to‐duty process before driving CMVs in interstate or intrastate commerce. It is also intended to ensure that employers are meeting their drug and alcohol testing responsibilities. Additionally, provisions in this rulemaking would also be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP‐21) Act. MAP‐21 required creation of the Clearinghouse by 10/1/14.
FMCSA 2126‐AB66
Entry‐Level Driver Training FMCSA establishes new minimum training standards for certain individuals applying for their commercial driver's license (CDL) for the first time; an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL); or a hazardous materials (H), passenger (P), or school bus (S) endorsement for the first time. These individuals are subject to the entry‐level driver training
12/08/2016
(ELDT) requirements and must complete a prescribed program of instruction provided by an entity that is listed on FMCSA's Training Provider Registry (TPR). FMCSA will submit training certification information to State driver licensing agencies (SDLAs), who may only administer CDL skills tests to applicants for the Class A and B CDL, and/or the P or S endorsements, or knowledge test for the H endorsement, after verifying the information is present in the driver's record. This final rule responds to a Congressional mandate imposed under the Moving Ahead for Progress in the 21st Century Act (MAP‐21). The rule is based on consensus recommendations from the Agency's Entry‐Level Driver Training Advisory Committee (ELDTAC), a negotiated rulemaking committee that held a series of meetings between February and May 2015.
FRA 2130‐AB85
Hours of Service: Record Keeping This rulemaking would revise the hours of service record keeping regulations to allow for the use of electronic record keeping systems. It would also clarify the existing hours of service recordkeeping regulations to ensure that they are applied consistently to both paper and electronic records. It would also ensure that all records, whether created manually or electronically, would allow for proper enforcement of the hours of service law. This rulemaking was downgraded to nonsignificant.
05/27/2009
FRA 2130‐ Positive Train Control This rulemaking would regulate the submission of 09/27/2010
AC03 Positive Train Control plans; the implementation of the Positive Train Control Systems; and the qualification, installation, maintenance and use of the these systems required under 49 USC 20157 or specifically required by the Federal Railroad Administration. A Final Rule with Request for comments was issued on 01/16/2010 and FRA is currently preparing responses to the comments received.
FRA 2130‐AC21
Restriction of Improper Use of Cellular Telephones and Other Electronic and Electrical Devices
This rulemaking would restrict railroad operating employees from improperly using cellular telephones and other distracting electronic and electrical devices.
09/27/2010
FRA 2130‐AC01
Track Safety Standards; Concrete Crossties This rulemaking will set forth proposed limits for rail seat abrasion and concrete crosstie pad wear, and it will address the following: missing or broken rail fasteners, the loss of appropriate toe load pressure, improper fastener configuration, and excessive lateral rail movement. The rulemaking will also instruct track owners to inspect certain categories of track with concrete crossties using automated inspection technology. The Federal Railroad Administration anticipates that this rulemaking will improve the safety of railroad operations over concrete crossties and the implementation of the proposed regulations in the railroad industry within the normal 20‐year window for economic analysis will generate a beneficial effect on the National economy.
04/01/2011
FRA 2130‐AC15
Hours of Service: Passenger Train Employees This rulemaking would establish hours of service requirements for train employees engaged in commuter and intercity passenger rail transport.
08/12/2011
FRA 2130‐AC35
Track Safety Standards; Concrete Crossties ‐ Response to Petitions for Reconsideration
This rulemaking would respond to petitions for reconsideration of the Final Rule published April 1, 2011. This Final Rule will contain clarifying or technical amendments to the original Concrete Crossties Final Rule in response to the petitions received.
09/09/2011
FRA 2130‐AC13
Camp Car Sleeping Quarters This rulemaking would require any railroad carrier that uses camp cars for employees and individuals employed to maintain the right of way to provide sanitary indoor toilet facilities, potable water, and other features to protect the health of employees.
10/31/2011
FRA 2130‐AC08
Conductor Certification This rulemaking would provide rules and guidance for requisite train conductor certification to ensure that individuals have the knowledge and skills necessary to perform the duties of a train conductor. This rulemaking may propose that each railroad adopt and comply with a written program for certifying and recertifying the qualifications of conductors.
11/09/2011
FRA 2130‐AB96
Roadway Worker Protection; Adjacent‐Track On‐Track Safety
This rulemaking would simplify the determination regarding whether or not adjacent track protection is required for roadway work groups engaged in large‐scale maintenance or construction, pursuant to 49 CFR Part 214. The recent increase in roadway worker
11/30/2011
fatalities that have occurred on adjacent track has caused some concern at FRA and throughout the industry, even prompting the filing of a petition for emergency order. FRA issued a notice of safety advisory to address the issue in May of 2004; however, it appears that the effects were not long‐lasting. This rulemaking is based on the consensus language developed through the Roadway Worker Protection (RWP) Working Group of FRA´s Railroad Safety Advisory Committee (RSAC).
FRA 2130‐AC19
Alternate Passenger Rail Service Pilot Program This rulemaking is to develop a pilot program that permits a rail carrier or rail carriers that own infrastructure over which Amtrak operates certain passenger rail routes to petition the FRA to be considered as a passenger rail service provider over that route in lieu of Amtrak for a period not to exceed 5 years from October 16, 2008.
12/14/2011
FRA 2130‐AC36
Conductor Certification ‐ Response to Petitions for Reconsideration
This rulemaking would respond to petitions for reconsideration of the Final Rule published November 9, 2011. This Final Rule will contain clarifying or technical amendments to the original Conductor Certification Final Rule in response to the petitions received.
02/08/2012
FRA 2130‐AC16
Locomotive Safety Standards Amendments This rulemaking would amend the rules pertaining to Locomotive Safety Standards. The amendments update, consolidate, and clarify existing rules, and
04/09/2012
adopt existing industry and engineering best practices. The amendments include: extending periodic inspection times for newer electronically controlled locomotives, updating locomotive inspection record keeping requirements by permitting electronic records; consolidating locomotive air brake maintenance into a single provision; clarifying locomotive headlight requirements to address new technology; and, establishing locomotive electronics standards based on existing industry and engineering best practices.
FRA 2130‐AC27
Positive Train Control Systems Amendments (RRR) This rulemaking removes provisions relating to the alternative route analysis and residual risk analysis used to determine whether Positive Train Control System implementation may be avoided.
05/14/2012
FRA 2130‐AC12
Grade Crossing ‐ Telephone Services This rulemaking would require a railroad (1) to establish a toll‐free telephone service for rights of ways over which it dispatches trains to receive calls about grade crossing problems, (2) on hearing a report of a malfunctioning safety device at a crossing or a disabled vehicle blocking the tracks, to immediately warn trains operating near the crossing and as necessary public safety officers, etc., (3) to post at each crossing on rights of way that it owns the toll‐free telephone number and its purpose and the National Crossing Inventory identification number assigned to the crossing.
06/12/2012
FRA 2130‐AC28
Track Safety Standards: Improving Rail Integrity This rulemaking would prescribe specific requirements for effective rail inspection frequencies, rail flaw remedial actions, minimum operator qualifications, and requirements for rail inspection records. In addition, it would remove the regulatory requirements concerning joint bar fracture reporting. Section 403(c) of the Rail Safety Improvement Act of 2008 mandates that FRA promulgate regulations addressing rail flaw detection inspections.
10/19/2012
FRA 2130‐AC39
Locomotive Safety Standards Amendments ‐ Response to Petitions for Reconsideration
This rulemaking would amend and clarify certain sections of the Locomotive Safety Standards. In response to eight petitions for reconsideration of the final rule, this rulemaking would amend and clarify the requirements related to remote control locomotives (RCL), locomotive alerters, and locomotive electronics. This rulemaking would also clarify how to properly record the air flow method calibration date and the duration of the audio indication for RCL.
12/19/2012
FRA 2130‐AC24
Amendments Expanding the Drug Panel for FRA Post‐Accident Toxicological Testing
This rulemaking would expand the drug testing panel for FRA´s post‐accident toxicological testing (PATT) program, which investigates the role of alcohol and drug use in serious train accidents. This rulemaking would also amend the requirements regarding the analysis of PATT results in 49 C.F.R. § 219.211 to reflect that some of the drugs in the expanded panel are prescription and over‐the‐counter drugs that are not controlled substances. FRA has tested for the same
03/05/2013
basic panel of drugs since the beginning of PATT in 1985. Currently, FRA tests blood and urine specimens for eight drug classifications: alcohol, marijuana, cocaine, the opiates, the amphetamines, phencyclidine (PCP), the barbiturates, and the benzodiazepines. FRA would expand the PATT panel to include synthetic opiates, sedating antihistamines, MDMA and one of its analogues, and additional benzodiazepines. This rulemaking does not make any substantive changes to the prohibitions on the abuse of controlled substances and prescription drugs found in 49 C.F.R. §§ 219.102 and 219.103.
FRA 2130‐AC09
Vehicle/Track Interaction Safety Standards; High‐Speed and High Cant Deficiency Operations
This rulemaking would amend the Track Safety Standards and Passenger Equipment Safety Standards for high‐speed train operations and train operations at high cant deficiencies to promote the safe interaction of rail vehicles with the track over which they operate. It would revise both the safety limits for these operations and the process to qualify them. It accounts for a range of vehicle types that are currently used and may likely be used on future high‐speed or high cant deficiency rail operations, and would provide safety assurance for train operations in all classes of track. It is based on the results of simulation studies designed to identify track geometry irregularities associated with unsafe wheel forces and acceleration, thorough reviews of vehicle qualification and revenue service test data, and consideration of international practices.
03/13/2013
FRA 2130‐AC38
Telephonic Notification at Grade Crossings ‐ Response to Petitions for Reconsideration
The rulemaking would respond to petitions for reconsideration of the final rule published June, 12, 2012. This Final Rule will make amendments to the original Systems for Telephonic Notification of Unsafe Conditions at Highway‐Rail and Pathway Grade Crossings Final Rule. Amendments will be made to certain compliance dates, signage, and third‐party telephone service requirements.
03/15/2013
FRA 2130‐AC22
Passenger Train Emergency Systems; Doors, Emergency Lighting, Emergency Signage and Markings for Egress and Access, and Low‐Location Emergency Exit Path Marking; Miscellaneous Amendments
This rulemaking would amend the passenger equipment safety standards to enhance standards for passenger train emergency systems and would clarify the passenger train emergency preparedness standards. Specifically, FRA would incorporate by reference three APTA emergency system standards: "Standard for Emergency Lighting System Design for Passenger Cars," "Standard for Emergency Signage for Egress/Access of Passenger Rail Equipment," and "Standard for Low‐Location Exit Path Marking." Miscellaneous amendments to FRA´s existing regulations would include: (1) clarifying that new passenger cars must have at least two exterior side doors, one on each side; (2) requiring removable panels/windows in vestibule doors for new passenger cars; (3) consolidating various door requirements into one section for easier reference; and (4) revising part 239 to explicitly address train crew participation in debrief and critique sessions.
11/29/2013
FRA 2130‐AC37
Roadway Worker Protection; Adjacent‐Track On‐Track Safety ‐ Response to Petitions for Reconsideration
This rulemaking would respond to petitions for reconsideration of the final rule published on November 30, 2011. This Final Rule will make amendments to the original Adjacent‐Track On‐Track Safety Final Rule.
01/10/2014
FRA 2130‐AC00
Critical Incident Stress Plan; "Critical Incident" Definition
This rulemaking defines the term "critical incident." This rulemaking defines program elements appropriate for the rail environment for certain railroad´s critical incident response programs, so that appropriate action is taken when a railroad employee is involved in or directly witnesses a critical incident.
03/25/2014
FRA 2130‐AC33
Revisions to Passenger Train Emergency Preparedness Regulations (Part 239)
The rulemaking would propose a series of unrelated revisions to 49 C.F.R. part 239. These proposed revisions would: (1) create a definition for emergency response communication centers to ensure that railroad personnel who coordinate first responders receive control center employee training provided by part 239; (2) require railroads develop procedures to promote the safe evacuation of disabled passengers; (3) make the FRA emergency preparedness plan approval process more efficient; and (4) create new testing and inspection requirements for railroads covered by part 239. These revisions are based on a recommendation made to FRA by the Railroad Safety Advisory Committee.
03/31/2014
FRA 2130‐ Revisions to Signal System Reporting Requirements This rulemaking eliminates the requirement to submit a 07/02/2014
AC44 (RRR) signal system report every 5 years. FRA believes that the information contained in such reports is available to FRA through other sources and the need for a separate and somewhat duplicative report every 5 years is unnecessary.
FRA 2130‐AC32
Positive Train Control Systems: De Minimis Exception, Yard Movements, En Route Failures; Miscellaneous Grade Crossing/Signal and Train Control Amendments (RRR)
This rulemaking would revise Positive Train Control regulations by defining the de minimis exception and en route failures, proposing exceptions relating to yard movements that may not be considered on the main line system, and amending regulations governing grade crossing and signal and train control systems. The rulemaking is in response to a petition for rulemaking from the Association of American Railroads.
08/22/2014
FRA 2130‐AC45
Surface Transportation Project Delivery Program Application Requirements
This rulemaking would govern the application requirements for the Surface Transportation Project Delivery Program. The revisions are prompted by enactment of the Moving Ahead for Progress in the 21st Century Act, which converted the Surface Transportation Project Delivery Pilot Program into a permanent program, allowed any State to apply for the Program, expanded the scope of the Secretary's responsibilities that may be assigned and assumed under the Program, and created a renewal process for Program participation. This is a joint rulemaking with FHWA and FTA.
09/16/2014
FRA 2130‐ Training Standards for Railroad Employees This rulemaking would (1) establish minimum training 11/07/2014
AC06 standards for each class or craft of safety‐related employee and equivalent railroad contractor and subcontractor employee by requiring railroads, contractors, and subcontractors to qualify and document the proficiency of such employees on their knowledge and ability to comply with Federal railroad safety laws and regulations and railroad rules and procedures intended to implement those laws and regulations, etc.; (2) require submission of the training and qualification programs for FRA approval; and (3) establish a minimum training curriculum and ongoing training criteria, testing, and skills evaluation measures.
FRA 2130‐AC26
National Highway‐Rail Crossing Inventory Reporting Requirements
This rulemaking would require railroads to provide and periodically update information about the characteristics of public, private, and pathway crossings over which they operate. This rulemaking is being prompted by Section 204 of the Rail Safety Improvement Act of 2008.
01/06/2015
FRA 2130‐AC50
Systems for Telephonic Notification of Unsafe Conditions at Highway‐Rail and Pathway Grade Crossings
This notice will revise the current schedule of civil penalties for violations of the Federal Railroad Administration's grade crossing safety regulations at 49 CFR Part 234 by adding recommended civil penalty amounts for violations of specific requirements contained in one Subpart.
05/28/2015
FRA 2130‐AC47
Securement of Unattended Equipment This rulemaking would amend the brake system safety standards for freight and other non‐passenger trains
08/06/2015
and equipment to ensure better compliance of the requirements relating to the securement of unattended equipment. Specifically, FRA would codify some of the requirements already included in its Emergency Order Establishing Additional Requirements for Attendance and Securement of Certain Freight Trains and Vehicles on Mainline Track or Mainline Siding Outside of a Yard or Terminal ("Emergency Order 28"). 78 FR 48218 (Aug. 7, 2013). Amendments to FRA's existing regulations would include additional securement requirements for unattended equipment, primarily for those that include cars containing certain hazardous materials, and additional communication requirements relating to job briefings and securement verification. This rulemaking was recently downgraded to nonsignificant and will not appear on next month's report.
FRA 2130‐AC34
Passenger Train Door Operation and Door Safety Requirements
This rulemaking would amend the passenger equipment safety standards to enhance safety standards as they relate to passenger door securement while a passenger train is in service based on research and experiences of FRA safety inspectors. Specifically, FRA would incorporate by reference APTA standard: "APTA SS‐M‐18‐10 Standard for Powered Exterior Side Door System Design for New Passenger Cars."
12/07/2015
FRA 2130‐AC43
Safety Glazing Standards; Miscellaneous Revisions (RRR)
FRA is revising and clarifying existing regulations related to the use of glazing materials in the windows of locomotives, passenger cars, and cabooses. This final
02/09/2016
rule reduces paperwork and other economic burdens on the rail industry by removing a stenciling requirement for locomotives, passenger cars, and cabooses that are required to be equipped with glazing. This final rule also clarifies the application of the regulations to antiquated equipment and to the end locations of all equipment to provide more certainty to the rail industry and more narrowly address FRA's safety concerns. FRA is also clarifying the definition of passenger car and separately to update the rule by removing certain compliance dates that are no longer necessary. In response to comments to the notice of proposed rulemaking (NPRM), see 79 FR 57856, this final rule modifies the application of the glazing safety standards to locomotives used primarily for excursion service and business cars.
FRA 2130‐AC56
Positive Train Control Systems This final rule will address PTC implementation deadline changes required by the Positive Train Control Enforcement and Implementation Act of 2015.
02/29/2016
FRA 2130‐AB89
Roadway Worker Protection; Miscellaneous Revisions This rulemaking would revise FRA's Roadway Worker Protection regulations in 49 CFR, Part 214, to further advance the on‐track safety of railroad employees and contractors engaged in maintenance‐of‐way activities throughout the general railroad system of transportation, including clarification of existing regulations. In doing so, FRA will review existing technical bulletins and a safety advisory dealing with
06/10/2016
on‐track safety to consider implications, and as appropriate, consider enhancements to the existing regulations. This rulemaking was recently downgraded to nonsignificant and will not appear on next month's report.
FRA 2130‐AC10
Alcohol and Controlled Substance Testing for Maintenance‐of‐Way Employees
This rulemaking would revise the Federal Railroad Administration´s (FRA) alcohol and drug regulations to cover all employees of railroads, railroad contractors, and subcontractors who perform maintenance‐of‐way activities. The FRA alcohol and drug regulations (49 CFR Part 219) contain certain prohibitions on the use and possession of alcohol and drugs. The regulations also contain requirements for post‐accident toxicological (PAT) testing, random testing, reasonable cause testing, reasonable suspicion testing, co‐worker and voluntary referral policies, pre‐employment drug testing, and reporting. Currently, the regulations only apply to covered employees (defined as employees assigned to perform covered service subject to the Hours of Service Act, 49 USC Ch. 211). In response to a statutory mandate, the final rule would expand coverage of Part 219 to employees who perform maintenance‐of‐way (MOW) activities. This rulemaking would also make other miscellaneous updates to Part 219.
06/10/2016
FRA 2130‐AC55
National Highway‐Rail Crossing Inventory Reporting Requirements
These final rule amendments would respond to the Association of American Railroads' petition for reconsideration and make certain amendments to the
06/10/2016
Crossing Inventory final rule to address practical implementation problems that arose since publication of the final rule. These amendments clarify requirements currently in the final rule or provide greater flexibility in complying with the rule.
FRA 2130‐AC59
Inflation Adjustment of the Min., Max., and Aggravated Max. Civil Monetary Penalty for a Violation of a Federal Railroad Safety Law, Regulation or Order
To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA would adjust the minimum, maximum, and aggravated maximum penalty that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. In particular, FRA would increase the minimum civil penalty per violation from $650 to $839, the ordinary maximum civil penalty per violation from $25,000 to $27,455, and the aggravated maximum civil penalty (i.e., the maximum civil penalty per violation where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury or has caused death or injury) from $105,000 to $109,819.
07/01/2016
FRA 2130‐AC61
Inflation Adjustment of the Maximum Civil Monetary Penalties for a Violation of the Hazardous Material Transportation Laws
To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the minimum penalty, ordinary maximum penalty and the aggravated maximum penalty that it will apply when assessing a
07/01/2016
civil monetary penalty for a knowing violation of the Federal hazardous material transportation laws or a regulation, special permit, order, or approval issued under those laws. The aggravated maximum penalty is available only for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In particular, FRA is increasing the minimum penalty for a training violation from $450 to $463; the ordinary maximum civil monetary penalty per violation from $75,000 to $77,114; and the aggravated maximum civil penalty from $175,000 to $179,933.
FRA 2130‐AC31
Railroad System Safety Program This rulemaking would improve passenger railroad safety through structured, proactive processes and procedures developed by passenger railroad operators. It would require passenger railroads to establish a System Safety Program that would systematically evaluate and manage risks in order to reduce the number and rates of railroad accidents, incidents, injuries and fatalities. This rulemaking was bifurcated from 2130‐AC11.
08/12/2016
FTA 2132‐AB02
Major Capital Investment Projects (RRR) This rulemaking would create a new regulatory framework for FTA´s evaluation and rating of projects seeking funding under the discretionary New Starts and Small Starts programs authorized by 49 U.S.C. 5309. Specifically, this rulemaking would simplify the measures for assessing the mobility improvements and
01/09/2013
cost‐effectiveness of projects; would place greater emphasis on the environmental benefits of projects and the effects of projects on local economic development; would clarify the criteria for assessing the local financial commitment of project sponsors; would streamline the evaluation process for projects that remain within a certain envelope of cost and scope during the project development process; and would provide a very quick evaluation process for certain types of projects seeking funding under the Small Starts program.
FTA 2132‐AB03
Environmental Impact and Related Procedures (RRR) This rulemaking established a number of categorical exclusions (CE) from the requirement that an environmental assessment or an environmental impact statement be prepared under section 102 of the National Environmental Policy Act of 1969 (NEPA) for FTA‐funded actions. The CEs were developed after an extensive effort, and are consistent with Council on Environmental Quality guidance, Executive Order 13571 on ´Streamlining Service Delivery and Improving Customer Service,´ and the Presidential Memorandum on ´Speeding Infrastructure Development through More Efficient and Effective Permitting and Environmental Review´ They were developed to identify activities that FTA believes do not have a significant effect on the environment. The CEs cover some of the same actions as the prior CEs, but provide a tool that would expedite the delivery of transit
02/07/2013
projects without compromising environmental quality. The rulemaking also made targeted revisions to the joint FTA/FHWA NEPA regulation that only apply to FTA and will serve to support FTA´s focus on streamlining its environmental process.
FTA 2132‐AB04
Environmental Impact and Related Procedures (MAP‐21)
This rulemaking modifies an existing categorical exclusion (CE) for emergency repair projects under 23 USC 125 to include emergency projects as described in Section 1315 of MAP‐21. The rulemaking also adds additional activities to be covered by the CE, consistent with the principles underlying emergency projects and sound transportation asset management.
02/19/2013
FTA 2132‐AB09
Alcohol and Controlled Substances Testing; Additional Remedies (MAP‐21)
This rulemaking amends 49 CFR 655.82 by providing the Secretary with additional authority to bar a recipient from receiving Federal public transportation funding in an amount deemed appropriate by the Secretary, if the recipient is determined to not be in compliance with the alcohol and controlled substance testing regulations of 49 CFR part 655.
06/25/2013
FTA 2132‐AB14
Additional Categorical Exclusions under NEPA (MAP‐21) Under MAP‐21, Section 1318, the Department of Transportation was mandated to survey categorical exclusions (CE) use on transportation projects since 2005, and to solicit requests from transit agencies and state departments of transportation for new CEs. This rulemaking pertains to the new categorical exclusions; FTA is proposing to add CEs to its environmental
09/19/2013
regulations (23 CFR 771) in order to comply with MAP‐21, as well as to improve the efficiency of the environmental review process. The additional CEs make the least intensive form of review available for those actions that typically do not have the potential for significant environmental effects, and, therefore, do not merit additional analysis and documentation associated with an environmental assessment (EA) or an environmental impact statement (EIS).
FTA 2132‐AB13
Public Transportation Emergency Relief Program (MAP‐21)
This rulemaking implements 49 U.S.C. 5324, as amended by MAP‐21, the public transportation emergency relief program. The rulemaking establishes eligible activities and ineligible activities, processes, and procedures for applying for grants.
10/06/2014
FTA 2132‐AB10
Statewide and Nonmetropolitan Transportation Planning; Metropolitan Transportation Planning (MAP‐21)
This rulemaking would propose amendments to the regulation 23 CFR Part 450 and 49 CFR Part 613 under which the FHWA and the Federal Transit Administration (FTA) respectively administer the Metropolitan Transportation Planning program authorized by 23 USC 134 and 49 USC Section 5303 and the Statewide Non‐Metropolitan Transportation Planning program authorized by 23 USC 135 and 49 USC 5304. Sections 1201 and 1202 of MAP‐21 replaced 49 USC 5303 and 5304, to require a continuing, comprehensive, and coordinated transportation planning and programming process in metropolitan areas, nonmetropolitan areas, and Statewide. The
05/27/2016
NPRM on Planning and Environmental Linkages (2132‐AB21) has been merged with this rulemaking at the final rule stage. These provisions add an additional authority for the use of planning products in the environmental review process required under NEPA. Specifically, through this rulemaking, FHWA and FTA would interpret and implement MAP‐21´s additional authority for FHWA and FTA to use planning products developed by States, MPOs, and other agencies during the transportation planning process in the environmental review process for a project. This rulemaking has been designated nonsignificant and will not appear on next month's chart.
FTA 2132‐AB29
FHWA and FTA Categorical Exclusions This rulemaking would amend FHWA's and FTA's categorical exclusions (CEs) for projects receiving limited Federal assistance to reflect a Fixing America's Surface Transportation (FAST) Act requirement under section 1314 to index for inflation the monetary thresholds for these CEs. It would also implement section 1315(b) of the FAST Act directing the FHWA and FTA to amend its rules on programmatic agreements. The amendments contained in this rule reflect statutory language in the FAST Act.
05/31/2016
FTA 2132‐AB07
Transit Asset Management This rule will establish a system for Transit Asset Management (TAM) for all operators of public transportation, for all modes of transportation throughout the United States. This national system will
07/26/2016
be based on the term ´State of Good Repair,´ to be developed through rulemaking, which will generate accurate data about the condition of the transit agencies´ assets, and performance measures for improving the conditions of those assets.
FTA 2132‐AB11
Bus Testing: Pass/Fail and Safety Criteria (MAP‐21) This rulemaking would amend FTA´s Bus Testing regulation (49 CFR part 665) to implement 49 USC section 5318, as amended by MAP‐21, specifically, to establish a pass/fail standard and minimum safety performance standards pursuant to 49 USC 5329(b).
08/01/2016
FTA 2132‐AB22
National Public Transportation Safety Program This rulemaking would establish the National Public Transportation Safety Program (National Safety Program). The National Safety Program will serve as the umbrella rule for the several other safety rulemakings, including the Safety Certification Training Program, Transit Agency Safety Plan, and State Safety Oversight. This rule will also set out the rules of practice for enforcement and adjudication under the National Safety Program.
08/11/2016
FTA 2132‐AB28
Metropolitan Planning Organization (MPO) Coordination
The rulemaking would provide methods for improving MPO coordination in the transportation planning process, recognizing the critical role that transportation plays in ensuring the economic well‐being of a region and the role that MPOs play in identifying efficient improvements that serve the region's mobility needs. The changes under consideration in the rulemaking are
12/20/2016
intended to enable MPOs to speak with a stronger, more unified voice, to increase efficiencies and reduce project delivery times, and to improve the extent to which transportation investments reflect the needs and priorities of a metropolitan region.
MARAD 2133‐AB76
Administrative Waivers of the Coastwise Trade Laws: New Definition for Eligible Vessel
This rulemaking would change the definition of "eligible vessel" to be considered for a waiver of the coastwise laws (under P.L. 105‐383) to operate as small passenger vessels or uninspected passenger vessels authorized to carry no more than 12 passengers for hire. The new definition of "eligible vessel" would delete the requirement that the eligible vessel be five net tons or more, which is not a requirement in the enabling statute.
05/20/2010
MARAD 2133‐AB80
Operating Differential Subsidy and Construction Differential Subsidy Programs (RRR)
These programs had been superseded or unfunded for more than 30 years. Rationale for deleting these sections was to remove any confusion the public would have had as to the existence of these programs.
02/02/2012
MARAD 2133‐AB79
Administrative Claims, Part 327 (RRR) Administrative Claims, Part 327 These provisions are extremely out of date and revision would provide clarity and modernize the rule. Subpart I of Part 327 is proposed to be updated to include technical changes, such as corrections to statutory references, some of which were made obsolete as the result of the codification of the Appendix to title 46 of the United States Code. MarAd also proposes to modernize the
10/30/2012
regulation by allowing the use of pictures and video recordings as evidence in administrative actions and litigation. Subpart II would provide that no civil suit can be filed against the United States ´until the expiration of the 6‐month period after the claim has been presented in writing to the agency owning or operating the vessel causing the injury or damage.´ Subpart III would provide a means whereby an administrative claim can be filed with respect to any other admiralty matters not addressed in Subparts I and II or in the Contracts Disputes Act (41 U.S.C. § 601 et. seq.). This would provide a means to address administrative admiralty claims made by other persons injured aboard vessels and the owners of damaged vessels filing claims.
MARAD 2133‐AB81
Foreign Transfer Regulations (RRR) This rule would update statutory references, provide clarity, and modernize the foreign transfer regulations.
06/14/2013
MARAD 2133‐AB82
War Risk Ship Valuation (RRR) This rulemaking would remove outdated information related to War Risk Evaluation. Certain parts of these regulations refer to a War Valuation Committee that no longer exists and specify methods for valuation that are not being used by MARAD. Pursuant to DOT´s retrospective review plan under Executive Order 13563, this action would eliminate requirements that no longer address current issues.
03/31/2014
MARAD 2133‐ Civil Penalties This rulemaking would update the maximum civil 06/30/2016
AB89 penalty amounts for violations of statutes and regulations administered by MARAD pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015. This action would also amend the regulations to reflect the new, adjusted civil penalty amounts MARAD may assess pursuant to 46 U.S.C. sections 12151(c), 31309, 31330 and 56101(e), 50113(b) and 50 U.S.C. 4513 for violations of procedures related to the American Fisheries Act, certain regulated transactions involving documented vessels, the Automated Mutual Assistance Vessel Rescue program (AMVER), and the Defense Production Act.
NHTSA 2127‐AK29
Passenger Car and Light Truck Corporate Average Fuel Economy Model Year 2011
This rulemaking would address Corporate Average Fuel Economy (CAFE) Standards for light trucks and for passenger cars for model year 2011. CAFE standards must be set at least 18 months prior to the start of a model year.
03/30/2009
NHTSA 2127‐AG51
Roof Crush Resistance This rulemaking would upgrade vehicle roof crush requirements. It is part of the agency´s comprehensive response to mitigate the number of fatalities and injuries resulting from vehicle rollovers. Rollover crashes constitute about 3 percent of passenger vehicle crashes, but about one third (10,000) of the occupant fatalities. Light trucks are more prone to rollover, and they represent about half of the U.S. fleet. This rulemaking is significant because of public interest in
05/12/2009
vehicle safety.
NHTSA 2127‐AK37
Enhanced 911 (E‐911) Grant Program This rulemaking would implement regulations for the E‐911 grant program. The "Ensuring Needed Help Arrives Near Callers Employing 911 Act of 2004" ("E‐911 Act"), Pub. L. 108‐494, authorizes the establishment of a joint grant program between the Assistant Secretary for Communications and Information, Department of Commerce and the Administrator of the National Highway Traffic Safety Administration, U.S. Department of Transportation for the implementation and operation of Phase II E‐911 services. The E‐911 Act requires the two agencies to issue joint regulations prescribing the criteria for selection for grants, including performance requirements and timeline for completion of any project to be financed by the grant.
06/05/2009
NHTSA 2127‐AK26
Part 572 SID‐IIsD Reconsideration of Final Rule This rulemaking would make minor amendments to Part 572 in response to petition issues. On December 14, 2006, NHTSA issued a final rule incorporating the SID‐IIsD side impact crash test dummy into 49 CFR Part 572. The agency received three petitions for reconsideration in response to the final rule. Petitions were submitted by the Alliance of Automobile Manufacturers, First Technology Safety Systems, Inc., and Denton ATD, Inc. The petitioners concerns included adjustments to iliac material/design, and modification of the dummy qualification and pelvis plug certification corridors and procedures. They additionally petitioned
06/23/2009
on other minor issues associated with dummy clothing, temperature/soak times, and signal noise. They also requested a number of technical corrections and other minor changes to the drawing package.
NHTSA 2127‐AK47
Federal Motor Vehicle Theft Prevention Standard This rulemaking would amend Appendix A to list the likely high‐theft light duty truck lines that are subject to the parts‐marking requirements of the theft prevention standard and would amend Appendix A‐1 to include vehicle lines that are exempted from the parts‐marking requirements beginning with model year 2009.
06/24/2009
NHTSA 2127‐AJ37
Reduced Stopping Distance Requirements for Truck Tractors
This rulemaking would reduce stopping distance requirements for truck tractors equipped with air brake systems. Advances in heavy vehicle braking systems show that improved stopping performance is attainable for these vehicles. Such improvements would reduce the stopping distance disparity with light vehicles, and would result in fewer deaths and injuries and reduce property damage due to fewer crashes between truck tractors and light vehicles.
07/27/2009
NHTSA 2127‐AK53
Requirements for Temporary Vehicle Trade‐In Program This rulemaking would implement the Temporary Vehicle Trade‐In Program under the Consumer Assistance to Recycle and Save Act of 2009. The regulation would provide procedures for registering dealers in the Program, reimbursement of dealers participating in the Program, disposal of trade‐in vehicles, and enforcement.
07/29/2009
NHTSA 2127‐AK54
Requirements and Procedures for Consumer Assistance to Recycle and Save Program
This final rule would amend the regulation implementing the Consumer Assistance to Recycle and Save (CARS) Program, published on July 29, 2009 and amended on August 5, 2009 in the Federal Register, under the CARS Act. The rule adds an exception process for registered dealers who were prevented from submitting an application for reimbursement for a qualifying transaction prior to the announced August 25, 2009 deadline due to problems associated with the CARS electronic transaction system.
08/05/2009
NHTSA 2127‐AK04
FMVSS No. 101 Controls and Displays, Color Requirements for Control Identifiers
This rulemaking would amend FMVSS No. 101, Controls and Displays, in response to a petition for reconsideration received from the Alliance of Automobile Manufacturers of our August 2006 final rule regarding the new requirement that control identifiers be in a color that stands out clearly against the background. The Alliance petition concerns the horn control.
08/13/2009
NHTSA 2127‐AK44
Federal Motor Vehicle Standard No. 121; Air Brake Systems
This rulemaking would amend Federal Motor Vehicle Standard No. 121; Air Brake Systems, to extend by two years the requirement for trailers equipped with ABS to have an external malfunction indicator lamp. The agency is currently evaluating the merits of a petition that requests that the agency extend the requirement indefinitely. The two year extension will allow NHTSA additional time to fully investigate the merits of the petition without allowing a gap in the requirements
08/25/2009
should the agency ultimately decide to grant (or partially grant) the petitioners request.
NHTSA 2127‐AK59
Succession to the Administrator This final rule amends NHTSA´s regulation specifying the order of succession to the Administrator.
09/08/2009
NHTSA 2127‐AK28
Early Warning Reporting Information This rulemaking would amend certain provisions of the early warning reporting (EWR) rule published pursuant to the Transportation Recall, Enhancement, Accountability and Documentation (TREAD) Act. This rulemaking would modify the threshold for submitting quarterly EWR reports for some manufacturers and add new requirements to maintain the consistency of the EWR data from quarter to quarter. This rulemaking has been downgraded and will not appear on next month´s report.
09/17/2009
NHTSA 2127‐AK61
Requirements and Procedures for Consumer Assistance to Recycle and Save Program; Notice 2
This final rule amends the regulation implementing the Consumer Assistance to Recycle and Save (CARS) Program, published on July 29, 2009, in the Federal Register, under the CARS Act. The rule adds an exception process for registered dealers who were prevented from submitting an application for reimbursement for a qualifying transaction prior to the announced August 25, 2009 deadline due to problems associated with the CARS electronic transaction system.
09/28/2009
NHTSA 2127‐AK67
Requirements and Procedures for Consumer Assistance to Recycle and Save Program
This rulemaking would amend the regulations implementing the Consumer Assistance to Recycle and
11/27/2009
Save (CARS) program, published on July 29, 2009 in the Federal Register, under the CARS Act. The rule change would allow disposal facilities an additional 90 days, for a total of 270 days, to crush or shred a vehicle traded in under the CARS program. This additional time would provide the public to benefit from the availability of lower cost used vehicle parts from vehicles traded in under the CARS program and would provide disposal facilities with an opportunity to derive more revenue from those vehicles prior to crushing or shredding.
NHTSA 2127‐AK63
Vehicle Identification Number Requirements; Technical Amendment
This rulemaking would correct several errors, primarily incorrect references to sections of 49 CFR 565 that have been renumbered. NHTSA published a final rule in the Federal Register of April 30, 2008, (73 FR 23367; NHTSA Docket 2008‐0022) that amended 49 CFR Part 565, making certain changes in the 17‐character vehicle identification number (VIN) system so that there will be a sufficient number of unique manufacturer identifiers and VINs to use for at least another 30 years. A May 16, 2008, document corrected several typographical errors that appeared in the regulatory text of the April 30, 2008 final rule (73 FR 28370, Docket 2008‐0022). This rulemaking would correct several additional errors.
12/17/2009
NHTSA 2127‐AK22
FMVSS Part 595, Make Inoperative Exemptions ‐ Vehicle Modifications to Accommodate People with Disabilities
This rulemaking would create a new exemption to the make inoperative prohibition in FMVSS Part 595. Part 595 establishes exemption to the make inoperative prohibition for certain sections of certain Federal
12/18/2009
Motor Vehicle Safety Standards (FMVSS) under the limited circumstances when vehicles are modified to be used by persons with disabilities. Otherwise the modifiers of the vehicles would be subject to prosecution for making inoperative equipment required by the safety standards. Bruno manufactures a special seat that rotates and extends outside the doorway to allow mobility‐impaired drivers and passengers convenient and safe entry into a vehicle. Provisions of FMVSS No. 202a that become effective September 1, 2009, require higher head restraints that would prevent the operation of such seats. This rulemaking would create a new exemption to the make inoperative prohibition for the new head restraint requirement, to allow the continued use of transfer seats for mobility‐impaired drivers and passengers. It would also make editorial changes to correct an error in paragraph references regarding similar exemptions to the current FMVSS No. 202.
NHTSA 2127‐AK46
Insurer Reporting Requirements 2009 This rulemaking would update the lists in Appendices A, B, and C of Part 544 of passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experience. If these revised appendices are adopted, each insurer included in any of these appendices must file a report for the 2006 calendar year not later than October 25, 2009. Further, as long as the insurer remains listed, it must submit reports by each subsequent October 25.
01/12/2010
NHTSA 2127‐AK40
Civil Penalties This rulemaking would adjust civil penalties for inflation. This adjustment is required every four years by the Federal Civil Monetary Penalty Inflation Act of 1990 as amended by the Debt Collection Improvement Action of 1996.
02/02/2010
NHTSA 2127‐AK60
FMVSS No. 206, "Door Locks and Door Retention Components," Petitions for Reconsderation Final Rule, Part II
This rulemaking would respond to the petitions for reconsideration and would make several minor revisions to the regulatory text to help clarify the provisions for door locks and the sliding door test. On February 6, 2007, the National Highway Traffic Safety Administration (NHTSA) issued a final rule to modify Federal motor vehicle safety standard (FMVSS) No. 206, "Door Locks and Door Retention Components" to harmonize the current standard with the world's first global technical regulation (GTR) for door systems which includes a new full vehicle test procedure for sliding doors. The Agency received five petitions for reconsideration to the final rule.
02/19/2010
NHTSA 2127‐AK38
FMVSS No. 114, Theft Protection and Rollaway Prevention
This rulemaking would amend FMVSS No. 114, Theft Protection and Rollaway Prevention, to reflect requirements contained in the Cameron Gulbransen Kids Transportation Safety Act (KT Safety Act) of 2007. The rulemaking would update FMVSS No. 114 to prevent vehicle rollaways by requiring all motor vehicles manufactured for sale after September 1, 2010 and equipped with an automatic transmission, including a park position, to have a system that
03/30/2010
requires the service brake to be depressed before the transmission can be shifted out of park. The KT Safety Act stipulates that a violation of these requirements shall be treated as a violation of a motor vehicle safety standard prescribed under section 30111 of Title 49, U.S.C.
NHTSA 2127‐AK45
Tire Fuel Efficiency Consumer Information This rulemaking would establish a new program that would make information about the relative rolling resistance of tires available to purchasers of replacement tires and educate consumers about the effect of tires on automobile fuel efficiency, safety, and durability. The agency is required by the Energy Independence and Security Act of 2007 to establish a national tire fuel efficiency consumer information program for replacement tires designed for use on motor vehicles. Vehicle manufacturers often use low rolling resistance tires on new vehicles to help meet CAFE goals. This rulemaking is significant because it has a statutory mandate and it relates to fuel efficiency.
03/30/2010
NHTSA 2127‐AK50
Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2012‐2016
This rulemaking would address Corporate Average Fuel Economy (CAFE) standards for light trucks and passenger cars for model years 2012‐2016. CAFE standards must be set at least 18 months prior to the start of a model year.
05/07/2010
NHTSA 2127‐AK70
Schedule of Fees Authorized by 49 U.S.C. 30141 This rulemaking would amend NHTSA´s regulations establishing fees authorized by 49 U.S.C. 30141 for the
05/07/2010
purpose of reimbursing the government for certain costs incurred in administering the vehicle importation program. The amendments would adjust the fees to the level necessary for the government to recover the agency´s actual costs. The agency is required under 49 U.S.C. 30141(e) to review and adjust these fees at least every two years. The fees were last adjusted in September 2008.
NHTSA 2127‐AK69
Insurer Reporting Requirements ‐ Calendar Year 2007 Insurer Reports
This rulemaking would update NHTSA´s lists in Appendices A, B, and C of Part 544 of passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experience. If these revised appendices are adopted in a final rule, each insurer included in any of these appendices must file a report for the 2007 calendar year not later than October 25, 2010. Further, as long as the insurer remains listed, it must submit reports by each subsequent October 25.
09/03/2010
NHTSA 2127‐AK77
CFR Title 49 ‐ Part 595, Subpart C ‐ Make Inoperative Exemptions
This rulemaking would amend CFR Title 49 ‐ Part 595 Exemptions from the Make Inoperative Prohibition, Subpart C ‐ Vehicle Modifications to Accommodate People with Disabilities as a result of recent changes to requirements contained in FMVSS No. 214, Side Impact Protection. Specifically, changes have occurred in the moving deformable barrier and vehicle‐to‐pole requirements. Additionally, it would amend 595.7 because references to certain related sections in 49
09/28/2010
CFR 571 are now incorrect due to updating of the corresponding standards over the years. These exemptions apply to certain sections of several Federal motor vehicle safety standards, under limited circumstances, when vehicles are to be used by persons with disabilities. There is no safety related cost or benefit associated with this rulemaking.
NHTSA 2127‐AK39
FMVSS No. 202a Head Restraint Response to Petitions for Reconsideration
On May 4, 2007, the National Highway Traffic Safety Administration (NHTSA) published a final rule responding to petitions for reconsideration of the FMVSS No. 202, "Head restraints" upgrade. In response, manufacturers requested relief with regard to rear seat non‐use positions, phase‐in schedules for small volume manufacturers, and other technical clarifications. We are denying most of the requests due to the lack of supporting data. We are granting one technical clarification on the test procedure.This rulemaking has been downgraded and will not appear on next month´s report. In addition, the agency received new petitions for rulemaking related to a "Discomfort Metric" and other alternative rear seat non‐use options and an "effective backset" requirement. We are denying the effective backset requirement since it will not result in increased benefits, and we are reserving final judgment on the alternative rear seat non‐use options since the Discomfort Metric has recently been accepted as part of the Global Technical Regulation (GTR) for head
11/02/2010
restraints. While the Discomfort Metric is not being proposed in this notice responding to petitions, it will be addressed by NHTSA as part of the required rulemaking action that will address the GTR.
NHTSA 2127‐AJ44
FMVSS 213, Addition of 10‐year old test dummy This rulemaking would respond to Sections 4(b) and 3(b)(2) of Anton´s Law (PL 107‐318), which directed NHTSA to initiate rulemaking on child restraint system safety, by amending FMVSS No. 213 to incorporate the Hybrid III ten‐year‐old dummy for child restraint systems rated for children up to 80 pounds. Previously, the agency extended the applicability of FMVSS No. 213 from restraints recommended for children up to 50 lbs. to restraints recommended for children up to 65 lbs.
11/24/2010
NHTSA 2127‐AK34
Part 572 Hybrid III 6‐year‐old Dummy Abdominal Insert Drawing and Femur Modifications
This rulemaking would make minor technical modifications to the abdominal insert drawing and femur of the Part 572, Subpart N, Hybrid III 6‐year‐old child dummy. This rulemaking was initiated in part in response to a petition from dummy manufacturers, First Technology Safety Systems and Denton, ATD, regarding changes to the abdominal insert drawing. This rulemaking would make minor dimensional amendments to the abdominal insert drawing and would also upgrade the current Hybrid III 6‐year‐old child dummy femur design. The femur revisions were initiated in response to the agency´s observance of multiple failures of the Hybrid III 6‐year‐old child
12/09/2010
dummy femur in agency sled tests evaluating child restraint systems. The recommended design change would improve the durability of the part.
NHTSA 2127‐AK78
Civil Penalties Adjustment 2010 This rulemaking would adjust civil penalties for inflation. This adjustment is required every four years by the Federal Civil Monetary Penalty Inflation Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104‐134).
12/21/2010
NHTSA 2127‐AK23
Ejection Mitigation This rulemaking would create a new Federal Motor Vehicle Safety Standard (FMVSS) for reducing occupant ejection. Currently, there are over 52,000 annual ejections in motor vehicle crashes, and over 10,000 ejected fatalities per year. This rulemaking would propose new requirements for reducing occupant ejection through passenger vehicle side widows. The requirement would be an occupant containment requirement on the amount of allowable excursion through passenger vehicle side windows. The Safe, Accountable, Flexible, Efficient, Transportation Equity Act (SAFETEA‐LU) requires that "[t]he Secretary shall also initiate a rulemaking proceeding to establish performance standards to reduce complete and partial ejections of vehicle occupants from outboard seating positions. In formulating the standards the Secretary shall consider various ejection mitigation systems. The Secretary shall issue a final rule under this paragraph no later than October 1, 2009." SAFETEA‐LU also
01/19/2011
requires that, if the Secretary determines that the subject final rule deadline cannot be met, the Secretary shall notify and provide an explanation to the Senate Committee on Commerce, Science and Transportation and the House of Representatives Committee on Energy and Commerce of the delay. On September 24, 2009, the Secretary provided appropriate notification to Congress that the final rule will be delayed until January 31, 2011.
NHTSA 2127‐AK91
Federal Motor Vehicle Theft Prevention Standard ‐ 2012 Light Duty Truck Lines Subject to the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2012
This rulemaking would update the regulation to amend Appendix A to list the likely high‐theft light duty truck lines that are subject to the parts‐marking requirements of the theft prevention standard and to amend Appendix A‐1 to include vehicle lines that are exempted from the parts‐marking requirements beginning with model year 2012.
04/12/2011
NHTSA 2127‐AK81
Federal Motor Vehicle Theft Prevention Standard ‐ Target Areas
This rulemaking would update the procedure whereby manufacturers of high theft passenger motor vehicle lines subject to parts marking, and manufacturers of replacement parts designed for high theft lines, must submit designation of target areas for identifying numbers to be marked on each major part and symbols to be marked on each major replacement part directly to the Docket Management Facility (www.regulations.gov).
05/02/2011
NHTSA 2127‐ FMVSS No. 218 Motorcycle Helmets Upgrade This rulemaking would upgrade FMVSS No. 218 to 05/13/2011
AK15 revise the labeling requirements to reduce the use of counterfeit certification labels for novelty helmets. Various other standards maintenance and improvements for enforceability of the existing requirements would also be included in the upgrade.
NHTSA 2127‐AK64
Part 572 ES‐2re Drawing Package Amendments This rulemaking would make corrections or minor changes to some of the drawings incorporated by reference by a final rule published on June 16, 2008, that responded to petitions for reconsideration of a December 2006 final rule that had adopted specifications and qualification requirements for a new crash test dummy called the ES‐2re test dummy. This rulemaking would respond to requests from test dummy manufacturers, First Technology Safety Systems and Denton ATD, to correct or make minor adjustments to the drawings of the ES‐2re.
06/02/2011
NHTSA 2127‐AK73
Vehicle Labeling ‐ Fuel Economy, Greenhouse Gas and Other Emissions
This rulemaking would respond to requirements of the Energy Independence and Security Act of 2007 (EISA), Title 1, Subtitle A, Section 105, as it amends 49 USC § 32908, to implement regulations to display new information on the vehicle label that would make it easy for consumers to compare fuel economy, greenhouse gas and other emissions of automobiles at the point of purchase. EISA, signed into Law on December 19, 2007, requires that the Secretary issue a final rule not later than 42 months after the date of the enactment.
07/06/2011
NHTSA 2127‐AK90
Insurer Reporting Requirements ‐ Calendar Year (CY) 2008 Insurer Reports
This rulemaking would update NHTSA´s lists in Appendices A, B, and C of Part 544 of passenger motor vehicle insurers that are required to file reports on their motor vehicle theft loss experience. If these revised appendices are adopted in a final rule, each insurer included in any of these appendices must file a report for the 2008 calendar year not later than October 25, 2011. Further, as long as the insurer remains listed, it must submit reports by each subsequent October 25.
07/13/2011
NHTSA 2127‐AK51
New Car Assessment Program Safety Ratings Labeling This rulemaking would amend the NCAP safety ratings portion of the Monroney label to include a new overall vehicle score that is based on the frontal crash, side crash, and rollover resistance ratings for each vehicle. On July 11, 2008, NHTSA published a notice announcing the enhancements to the agency´s New Car Assessment Program (NCAP). This rulemaking would incorporate changes in the NCAP programs, including the creation of an overall vehicle score in the vehicle safety ratings labeling program. A vehicle safety ratings labeling program was created in September 2007 as a result of a mandate in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA‐LU). This law, passed by Congress in August 2005, requires new passenger vehicles to be labeled with safety rating information published by the National Highway Traffic Safety Administration´s New Car Assessment Program as part of the Monroney
07/29/2011
label. NHTSA implemented this labeling program in a final rule published on September 12, 2006.
NHTSA 2127‐AK32
Registered Importers of Vehicles Not Originally Manufactured to Conform to the Federal Motor Vehicle Safety Standards
This rulemaking would amend NHTSA´s regulations that pertain to the importation by registered importers (RIs) of motor vehicles that were not originally manufactured to comply with all applicable Federal motor vehicle safety, bumper, and theft prevention standards. The amendments, which are intended to address specific problems that NHTSA has encountered in its administration of the RI program, would, among other things: require applicants for RI status to disclose to the agency whether they have been convicted of a crime involving the importation or sale of a motor vehicle and would permit the agency to automatically suspend the registration of any RI that has been convicted of such a crime; require an RI to destroy or export from the United States nonconforming motor vehicle equipment removed from an imported vehicle that has undergone conformance modifications and to certify to NHTSA that those items have been exported or destroyed; and reflect new requirements for the importation of a motor vehicle by an RI for the purpose of petitioning the agency to decide that the vehicle is eligible for importation. The agency would also adopt a more workable definition of the term "model year" for the purpose of making import eligibility decisions, and require that the petition include the type classification of the vehicle at issue. Several technical amendments
08/25/2011
to the RI regulations would also be made.
NHTSA 2127‐AK25
Rescind 2012 Sunset on Seat Belt Lockability in FMVSS No. 208
This rulemaking would rescind the September 1, 2012 sunset date for the lockability requirements of FMVSS No. 208, Occupant Crash Protection, for seating positions that provide Lower Anchorage and Tethers for Children (LATCH). Upon review of the present misuse and non‐use of LATCH and the influx of high‐weight harness child restraint systems, NHTSA believes there is a continued need for lockable lap belts in order to ensure the safety of children, particularly those with special needs. NHTSA does not expect this rulemaking to provide added safety benefits or impose costs to the vehicle manufacturers beyond that which vehicles currently provide today. Vehicle manufacturers currently provide lockable lap belts in LATCH‐equipped designated seating positions.
08/29/2011
NHTSA 2127‐AK74
Commercial Medium‐ and Heavy‐Duty On‐Highway Vehicles and Work Truck Fuel Efficiency Standards
This rulemaking would respond to requirements of the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act of 2007. The statute requires that rulemaking begin with a report by the National Academy of Sciences evaluating medium‐duty and heavy‐duty truck fuel economy standards. The National Academy provided Congress and NHTSA with this report on March 18, 2010. EISA then requires that NHTSA complete a study that examines the fuel efficiency of commercial medium‐ and heavy‐duty on‐highway vehicles and work trucks and determines the
09/15/2011
appropriate test procedures and methodologies for measuring the fuel efficiency of such vehicles, the appropriate metric for measuring the fuel efficiency of such vehicles, the range of factors that affect the fuel efficiency of these vehicles, and other factors that could impact a program to improve the fuel efficiency of these vehicles. The NHTSA study was issued October 25, 2010. Once that study is completed, NHTSA has 24 months to complete a final rule establishing a fuel efficiency program for these vehicles. The law provides that the new standards must provide at least 4 full model years of regulatory leadtime and 3 full model years of regulatory stability (i.e., the standards must remain in effect for 3 years before they may be amended). On May 21, 2010, President Obama issued a memorandum directing NHTSA and EPA conduct a joint rulemaking (NHTSA regulating fuel efficiency and EPA regulating greenhouse gas emissions), and to issue a final rule by July 30, 2011.
NHTSA 2127‐AK88
FMVSS 114, Theft Protection and Rollaway Prevention, Keyless Ignition Systems
FMVSS No. 114, Theft protection and rollaway prevention, has provisions that govern the operation of ignition systems in vehicles. This rulemaking would address emerging safety concerns that NHTSA has identified using consumer compliance data regarding keyless ignition controls that are not directly addressed by this standard. The concerns are drivers who are unable to shut down the propulsion system of their vehicle in the event of any on‐road emergency; drivers
12/12/2011
who shut off the propulsion system without putting their vehicle in park and walk away from the vehicle, leaving it prone to roll away; and drivers who do put their vehicle in park, but inadvertently leave the propulsion system active increasing the risk of carbon monoxide poisoning in a closed environment. We anticipate that these new requirements would have little or no anticipated cost as they are based on a new Society of Automotive Engineers Recommended Practice J2948‐20110. We believe that manufacturers already intend to follow that Practice voluntarily. The benefits for these new provisions would be reduced consumer confusion with these new controls and reduced potential risk of death or injury. However, because these systems are not widespread in current vehicles, their benefits cannot yet be readily quantified.
NHTSA 2127‐AK89
Federal Motor Vehicle Safety Standards; Matters Incorporated by Reference
This rulemaking would make technical amendments to 49 CFR Part 571 for the purposes of 1) consolidating the list of publications incorporated by reference; 2) including citations to the centralized list in the provisions referencing the incorporated publications; 3) removing one obsolete FMVSS and removing obsolete provisions contained in other FMVSSs; 4) correcting several grammatical and textual errors.
01/06/2012
NHTSA 2127‐AK06
Amend Appendix D (Track Charges) of NHTSA's Consumer Information Regulations on Uniform Tire Quality Grading
This rulemaking would amend at 49 CFR Part 575.104 Appendix D ‐ User Fees, consumer information regulation on uniform tire quality grading by updating
02/01/2012
fees currently charged for use of traction skid pads at NHTSA´s San Angelo, TX facility and eliminating fee provisions for course monitoring tires, which are no longer supplied by NHTSA. This rulemaking would not change vehicle safety standards.
NHTSA 2127‐AJ49
Subpart T Hybrid III‐10C Dummy, 10‐Year‐Old Child This rulemaking would incorporate the Hybrid III ten‐year old dummy into Part 572 for potential application in Federal motor vehicle safety standards (FMVSS) such as FMVSS No. 213, "Child restraint systems." Anton´s Law, signed by the President on December 4, 2002, specified in Section 4 that within 24 months, the Secretary of Transportation shall develop and evaluate an anthropomorphic test device that simulates a 10‐year old child for use in testing child restraints used in passenger motor vehicles. The evaluation and testing of such a device has been completed by NHTSA. This rulemaking would include a rationale for the dummy performance response requirements; detailed dummy design drawings and specifications; and a procedures manual for the dummy inspection, assembly and disassembly.
02/27/2012
NHTSA 2127‐AL10
FMVSS No. 213 ‐ Expanding the Applicability of the Standard and Incorporating the Hybrid III 10‐Year‐Old Test Dummy
This rulemaking would amend FMVSS No. 213 to adopt use of a 10‐year‐old child dummy to test child restraints for compliance with the standard, and would extend the applicability of the standard to child restraints sold for children weighing up to 80 lb (from 65 lb). Testing NHTSA conducted in developing this
02/27/2012
rulemaking showed that current child restraints will meet the standard´s requirements when tested with the dummy, so there are no costs associated with this rulemaking. This rulemaking originated in 2005 in response to Anton´s Law, which directed NHTSA to initiate rulemaking on the 10‐year‐old child dummy. This action was formerly RIN 2127‐AJ44, which was nonsignificant. NHTSA is obtaining a new RIN because action 2127‐AJ44 was considered completed in September 2011 when NHTSA published a final rule on a minor issue related to the rulemaking.
NHTSA 2127‐AK20
FMVSS No. 217, Bus Emergency Exits and Window Retention and Release
This rulemaking would amend the language in FMVSS No. 217, S5.3.3.1, to address a petitioner´s concerns and to make other minor revisions and clarifications. The School Bus Manufacturers Technical Council (SBMTC) petitioned the agency to amend the requirements of FMVSS No. 217 regarding the location of the exterior release for school bus rear emergency exit doors. The petitioner requested that S5.3.3.1(a) be amended to clearly specify that the drawing which shows the horizontal location of the release for a rear emergency exit door applies only to the interior release and not to the exterior latch.
03/30/2012
NHTSA 2127‐AL05
Amend FMVSS No. 210 to Incorporate the Use of a New Force Application Device (RRR)
This rulemaking would amend Federal Motor Vehicle Safety Standard (FMVSS) No. 210, Seat belt assembly anchorages, to replace the existing body blocks for testing the strength of seat belts with a new Force
03/30/2012
Application Device and associated positioning procedure. Because the device is easier to use than the current body blocks, this rulemaking would simplify the compliance test of the standard and make NHTSA´s evaluation of seat belt anchorage strength more effective. We estimate the one‐time cost of purchasing a set of these devices (approximately $40,000) would be offset by the continual labor cost savings in setting up the devices for testing. NHTSA´s testing has demonstrated that the proposed force application devices do not appear to affect the stringency of the standard.
NHTSA 2127‐AJ93
FMVSS No. 403 Platform Lift Systems Control Lighting, Illumination and Testing Requirements
This rulemaking would respond to petitions for rulemaking from platform lift manufacturers (Maxon, Ricon and Lift‐U) requesting that NHTSA amend portions of FMVSS No. 403, "Platform Lift Systems for Motor Vehicles". The petitions request changes to requirements related to control lighting, threshold warning beacon location, units of measurement for threshold warning beacon illumination, infrared threshold warning systems, wheelchair retention device impact testing, and platform illumination.
04/05/2012
NHTSA 2127‐AL23
Uniform Criteria for State Observational Surveys of Seat Belt Use
On April 1, 2011, the National Highway Traffic Safety Administration (NHTSA) published a final rule setting forth Uniform Criteria for State Observational Surveys of Seat Belt Use. 76 FR 18042. That final rule amended the regulation establishing uniform criteria for
04/05/2012
designing and conducting State observational surveys of seat belt use and the procedures for obtaining NHTSA approval of survey designs, and provided a new form for reporting seat belt use rates to NHTSA. At this time, very few States have survey designs that have been approved by NHTSA under the revised uniform criteria. NHTSA does not believe that proposed survey designs will be approved in time for all States to conduct seat belt use surveys during May and June, as is typical practice. For this reason, NHTSA is postponing the compliance date for use of the revised uniform criteria for State Observational Surveys of Seat Belt Use from 2012 to 2013. This amendment would relieve a burden on the States and has no safety impact.
NHTSA 2127‐AL07
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
This rulemaking would make technical amendments to Federal Motor Vehicle Safety Standard (FMVSS) No. 208 to update the references to the Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations that are included in the requirements for pressure vessels and explosive devices used in occupant crash protection systems, such as air bags. As a result of various rulemakings that reorganized the relevant regulations, the references contained in FMVSS No. 208 are out of date. This rulemaking would also make a correction to the air bag warning label requirements for vehicle dashboards and steering wheel hubs to make clear that the general warning label requirements for vehicles with air bags are
05/17/2012
superseded by different, specific requirements if the vehicle is certified to meet certain advanced air bag requirements. This rulemaking does not make any substantive changes to the requirements specified in FMVSS No. 208.
NHTSA 2127‐AL21
2013 Light Duty Truck Lines Subject to the Requirements of the Federal Motor Vehicle Theft Standard and Exempted Vehicle Lines for Model Year 2013
This rulemaking would update the regulation for the theft standard to amend Appendix A to list the likely high‐theft light duty truck lines that are subject to the parts‐marking requirements of the theft prevention standard and to amend Appendix A‐I to include vehicle lines that are exempted from the parts‐marking requirements beginning with model year 2013.
06/04/2012
NHTSA 2127‐AL03
Part 571 FMVSS No. 205, Glazing Materials, GTR (RRR) This rulemaking would enhance FMVSS No. 205 by adopting a Global Technical Regulation (GTR), which contains updated performance tests for glazing materials that are composed of glass, laminated glass, or glass faced with plastic compared to what is currently in FMVSS No. 205. The tests in the GTR would allow manufacturers to achieve efficiencies in the certification process while not degrading safety or imposing new burdens.
06/21/2012
NHTSA 2127‐AL09
Part 594[INVALID]Periodic Adjustment to Schedule of Fees Authorized by 49 U.S.C. 30141
This rulemaking would amend the regulations establishing fees authorized by 49 U.S.C. § 30141 for the purpose of reimbursing the government for certain costs incurred in administering the vehicle importation program. The amendments would adjust the fees to
08/22/2012
the level necessary for the government to recover the agency´s actual costs. The agency is required under 49 U.S.C. 30141(e) to review and adjust these fees at least every two years. The fees were last adjusted in September 2010.
NHTSA 2127‐AK16
FMVSS No. 122 Motorcycle Brake Systems Upgrade This rulemaking would upgrade FMVSS No. 122, Motorcycle Brake Systems, by adopting the best practices from motorcycle brake performance requirements from various National standards, including FMVSS No. 122, UNECE Regulation 78, and Japan Safety Standards 12‐61, among others pursuant to the proposed Global Technical Regulations (GTR). The upgrade would include several braking tests, which would include stops on a high friction test surface from low, medium and high speeds; wet brake tests; heat fade tests, and antilock brake system performance tests on both high and low friction test surfaces.
08/24/2012
NHTSA 2127‐AL19
Amend 49 CFR Part 595, Make Inoperative Exemptions, Subpart B ‐ Retrofit On‐Off Switch Sunset Extension
This rulemaking would amend 49 CFR Part 595, Make Inoperative Exemptions, Subpart B ‐ Retrofit On‐Off Switches for Air Bags, to extend the existing sunset date of September 1, 2012 for three years. The agency has preliminarily determined that there will be a permanent need for retrofit on‐off switches for certain at‐risk groups of people. Given the imminence of the September 1, 2012, sunset date for retrofit air bag switches, it is not possible to complete an NPRM and final rule to remove the sunset date and address other
08/30/2012
pertinent issues prior to that time. This extension would prevent a potential gap in the regulation and avoid any complications and confusion that could arise if the option for retrofit air bag switches were allowed to sunset and later on have the agency decided to re‐adopt the option permanently.
NHTSA 2127‐AL16
Civil Penalties 2012 This rulemaking would make a periodic adjustment of penalties for inflation as required by statute. The Federal Civil Monetary Penalty inflation Adjustment Act, 28 USC 2461 Notes, P.L. 101‐410, as amended by the Debt Collection Improvement Act of 1996, P.L. 104‐134 (collectively the Act) requires NHTSA to adjust for inflation civil penalties in statutes it administers. Under the Act, the adjustments, as warranted, must be made at least once every four years.
09/07/2012
NHTSA 2127‐AL29
State Graduated Driver Licensing Incentive Grant (MAP‐21)
MAP‐21, among other things, amended NHTSA´s highway safety grant program (23 U.S.C. 402) and consolidated other grants into a single grant program, the national priority safety program grants (23 U.S.C. 405). MAP‐21 requires NHTSA to award grants pursuant to rulemaking and to establish minimum qualification criteria for the graduated driver licensing (GDL) grant in accordance with the notice and comment provisions of the Administrative Procedure Act. In order to meet the statutory rulemaking requirements and to award all grants timely in fiscal years 2013 and 2014, NHTSA must proceed with an
10/05/2012
expedited rulemaking. Accordingly, NHTSA is taking a two‐pronged approach. NHTSA is preparing an interim final rule (IFR) (2127‐AL30) to implement the grant criteria for all of the grants. Simultaneously, in this rulemaking (2127‐AL29), NHTSA issued a notice of proposed rulemaking (NPRM) for the minimum requirements for the GDL grant with a 20‐day comment period. The short comment period on this NPRM was necessary to ensure that NHTSA meet the expedited schedule necessary to provide States with sufficient opportunity to apply for FY 2013 and FY 2014 grants.NHTSA has incorporated the GDL provisions, including addressing any comments in response to the NPRM, into the IFR for all of the grants.
NHTSA 2127‐AK79
Passenger Car and Light Truck Corporate Average Fuel Economy Standards MYs 2017 and Beyond
This rulemaking established Corporate Average Fuel Economy (CAFE) standards for light trucks and passenger cars for model years 2017 through 2021 and set augural standards for model year 2022 through 2025 vehicles. This rulemaking responds to requirements of the Energy Policy and Conservation Act, as amended by the Energy Independence and Security Act of 2007. The statute requires that CAFE standards be prescribed separately for passenger automobiles and non‐passenger automobiles to achieve a combined fleet fuel economy of at least 35 mpg by model year 2020. For model years 2021 and beyond, the statute requires that the average fuel economy required to be attained by each fleet of
10/15/2012
passenger and non‐passenger automobiles be the maximum feasible for each model year. The law requires the standards be set at least 18 months prior to the start of the model year. On May 21, 2010, President Obama issued a memorandum directing NHTSA and EPA to conduct a joint rulemaking (NHTSA regulating fuel economy and EPA regulating greenhouse gas emissions), and to issue a Notice of Intent to Issue a Proposed Rule (NOI) by September 30, 2010. NHTSA completed this objective, subsequently issuing a Notice of Proposed Rulemaking (NPRM) in November, 2011, and a Final Rule on August 28, 2012. The estimated total incremental cost for this program is $154B (2010 dollars), incremental benefits $630B (3% discount rate) and $503B (7% discount rate), and incremental net benefits $476B (3% discount rate) and $356B (7% discount rate).
NHTSA 2127‐AK99
Federal Motor Vehicle Standard No. 108; Lamps, reflective devices, and associated equipment ‐ Color Boundaries (RRR)
This rulemaking would amend Federal Motor Vehicle Safety Standard No. 108; Lamps, reflective devices, and associated equipment, to include the color definitions of green and blue. These color definitions were removed during a 2007 administrative rewrite of the standard, however it has been brought to the agency´s attention that removing these definitions will cause undue hardship on the regulated entities.
12/04/2012
NHTSA 2127‐AL18
Part 567 ‐ Certification Authorized By 49 U.S.C. 30115 This rulemaking would make a technical amendment to agency regulations that prescribe the format and
12/04/2012
content of certification labels that manufacturers are required to affix to motor vehicles manufactured for sale in the United States. The amendment would require the insertion of specified language on the certification labels for certain vehicles that was inadvertently omitted from the regulations.
NHTSA 2127‐AK42
T‐Type Temporary Spare Tire Physical Dimensions Test Inflation Pressure
This rulemaking would respond to a petition received from the Tire and Rim Association (T&RA) requesting that the National Highway Traffic Safety Administration make a technical correction to the test inflation pressure required by the physical dimensions test for T‐Type tires in Federal Motor Vehicle Safety Standard No. 109, New pneumatic and certain specialty tires. The T&RA proposed changing the specified test inflation pressure from 52 psi to 60 psi.
01/17/2013
NHTSA 2127‐AL30
Uniform Procedures for State Highway Safety Programs (MAP‐21)
MAP‐21 amended NHTSA´s highway safety grant program (23 U.S.C. 402) and consolidated other grant programs into a single grant program, the national priority safety program grants (23 U.S.C. 405). MAP‐21 requires NHTSA to award grants pursuant to rulemaking and to establish requirements for the graduated driver licensing (GDL) grant in accordance with the notice and comment provisions of the Administrative Procedure Act. In order to meet the statutory rulemaking requirements and to award all grants in a timely manner in fiscal years 2013 and 2014, NHTSA proceeded with an expedited rulemaking by
01/23/2013
taking a two‐pronged approach. First, on, October 5, 2012, NHTSA issued a non‐significant notice of proposed rulemaking (NPRM) for the minimum requirements for the GDL grant (RIN 2127‐AL29). NHTSA then incorporated the GDL provisions, including addressing comments in response to the NPRM, into the Interim Final Rule for all of the grants.
NHTSA 2127‐AL26
Repeal of Title 49 U.S.C., Section 33112; Insurance Reports and Information. (49 CFR Part 544; Insurer Reporting Requirements) (MAP‐21)
Pursuant to Title 49 U.S.C., Section 33112; Insurance Reports and Information of the Motor Vehicle Theft Law Enforcement Act, NHTSA promulgated 49 CFR Part 544, which required certain passenger motor vehicle insurers to file an annual report with the agency. Each insurer´s report included information about thefts and recoveries of motor vehicles, the rating rules used by the insurer to establish premiums for comprehensive coverage, the actions taken by the insurer to reduce such premiums, and the actions taken by the insurer to reduce or deter theft. As part of MAP‐21, Congress subsequently repealed Section 33112, and, as NHTSA has no other statutory basis to require this information, NHTSA is repealing Part 544.
02/25/2013
NHTSA 2127‐AL31
Corrections and Minor Revisions to the MY 2014‐2018 Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium‐ and Heavy‐Duty Engines and Vehicles
National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) developed the first‐ever program to reduce greenhouse gas (GHG) emissions and fuel consumption in the heavy‐duty highway vehicle sector. This broad sector ‐ ranging from large pickups to sleeper‐cab
06/17/2013
tractors‐ together represent the second largest contributor to oil consumption and GHG emissions from the mobile source sector, after light‐duty passenger cars and trucks. The final rule was published in the Federal Register on September 15, 2011 (76 FR 57106). NHTSA is issuing this rulemaking to revise portions of the regulations in 49 CFR part 535 to correct technical errors and gaps identified in the promulgated MY 2014‐2018 Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium‐ and Heavy‐Duty Engines and Vehicles final rule.
NHTSA 2127‐AL42
Theft Prevention ‐ 2014 Light Duty Truck Lines and Exempted Vehicle Lines
This rulemaking would update the regulation to amend Appendix A to list the likely high‐theft light duty truck lines that are subject to the parts‐marking requirements of the theft prevention standard and to amend Appendix A‐1 to include vehicle lines that are exempted from the parts‐marking requirements beginning with model year 2014.
07/23/2013
NHTSA 2127‐AK72
Early Warning Reporting and Foreign Defect Reporting Regulation (MAP‐21)
This rulemaking would make amendments to the early warning reporting (EWR) rule established pursuant to the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, as well as amendments to the regulations governing motor vehicle and equipment recalls. As to the changes to the EWR rule, this rulemaking would require that new safety equipment be added to the list of components for which manufacturers must provide early warning
08/20/2013
reporting. This rulemaking would add requirements that light vehicle manufacturers specify the vehicle type and the fuel or propulsion system type (like hybrids) in their quarterly EWR submissions. It would also add new component categories of electronic stability control for light vehicles, buses, emergency vehicles, and medium‐heavy vehicle manufacturers; and forward collision avoidance, lane departure prevention, and back over prevention for light vehicle manufacturers. In addition to the EWR proposals, this rulemaking would require motor vehicle manufacturers to submit their annual list of substantially similar vehicles via the Internet. As for amendments to the safety recalls regulations, this rulemaking would impose various enhancements to garner information, in many cases electronically, that are expected to help expedite the agency´s review, processing, and distribution of information to the public related to a safety recall, as well as expedite the manufacturer´s information on a recall to affected owners and better inform consumers of whether their personal vehicles are affected by a safety recall. This rulemaking would be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP‐21) Act.
NHTSA 2127‐AL49
Part 575.104 Revise to a Specified Treadwear Test Course Route
This rulemaking would make changes to the treadwear test course in the 49 code of federal regulation (CFR) Part 575.104, Uniform Tire Quality Grading (UTQG) Standards, because of damage due to flooding affecting
11/06/2013
portions of the current route. This test course is used by tire manufacturers and NHTSA to determine treadwear grades for passenger car tires. Because portions of the route will be inaccessible for an indeterminate amount of time, and there is an immediate need for testing, the agency is adding an alternate route that substitutes different sections of the course for the flooded portion. This change will not compromise the reliability of the treadwear grades, and will not impose or relax any burdens on manufacturers.
NHTSA 2127‐AK56
Require Installation of Seat Belts on Motorcoaches, FMVSS No. 208 (MAP‐21)
This rulemaking would require the installation of lap/shoulder belts in newly‐manufactured motorcoaches. Specifically, this rulemaking would establish a new definition for motorcoaches in 49 CFR Part 571.3. It would also amend Federal Motor Vehicle Safety Standard No. 208, Occupant Crash Protection, to require the installation of lap/shoulder belts at all driver and passenger seating positions. It would also require the installation of lap/shoulder belts at driver seating positions of large school buses in FMVSS No. 208. This rulemaking responds, in part, to recommendations made by the National Transportation Safety Board for improving bus safety and to a newly enacted statutory mandate in MAP‐21 to require seat belts in certain buses.
11/25/2013
NHTSA 2127‐ Establish Side Impact Performance Requirements for This rulemaking would include side impact 01/28/2014
AK95 Child Restraint Systems (MAP‐21) performance requirements, a side impact test procedure, and the use of a new side impact dummy in FMVSS No. 213, Child Restraint Systems, to evaluate the performance of child restraint systems in side impacts. It is estimated that the costs and benefits of this rulemaking will be minimal. This rulemaking would be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP‐21) Act.
NHTSA 2127‐AK75
Alternative Fuel Vehicle Badging and Fuel Compartment Labels on Alternative Fuel Usage
This rulemaking would respond to requirements of the Energy Independence and Security Act of 2007 (EISA), Title 1, Subtitle A, Section 105, as it amends 49 USC § 32908, to implement Consumer Information and Consumer Education programs related to fuel economy, GHG, other emissions, and alternative fuels. EISA directs the Secretary of Transportation to label vehicles with a permanent and prominent display that an automobile is capable of operating on alternative fuels, and to include in the owner´s manual for vehicles capable of operating on alternative fuels information that describes that capability and the benefits of using alternative fuels, including the renewable nature and environmental benefits of using alternative fuels. Additionally, EISA requires a label to be attached to the fuel compartment of vehicles capable of operating on alternative fuels, with the form of alternative fuel stated on the label. EISA, signed into Law on December 19, 2007, requires that the Secretary issue a final rule not later than 42 months after the date of the
02/20/2014
enactment.
NHTSA 2127‐AK43
Federal Motor Vehicle Safety Standard No. 111, Rearview Mirrors
This rulemaking would amend Federal Motor Vehicle Standard No. 111; Rearview Mirrors, to reflect requirements contained in the Cameron Gulbransen Kids Transportation Safety Act of 2007. The Act requires that NHTSA expand the required field of view to enable the driver of a motor vehicle to detect areas behind the motor vehicle to reduce death and injury resulting from backing incidents, particularly incidents involving small children and disabled persons. According to the Act, such a standard may be met by the provision of additional mirrors, sensors, cameras, or other technology to expand the driver´s field of view.
04/07/2014
NHTSA 2127‐AL17
49 CFR Part 595, Subpart C, Make Inoperative Exemptions, Vehicle Modifications to Accommodate People With Disabilities, from FMVSS No. 226 (RRR)
This rulemaking would respond to a petition from Bruno Independent Living Aids to amend 49 CFR Part 595, Subpart C, Make Inoperative Exemptions, Vehicle Modifications to Accommodate People With Disabilities. Bruno is requesting that the agency include a new exemption relating to the Federal motor vehicle safety standard for ejection mitigation that would allow them to modify vehicles without taking the vehicle out of compliance to facilitate the mobility of physically disabled drivers and passengers. This request is similar to others already granted by the agency.
07/09/2014
NHTSA 2127‐ Registered Importers of Vehicles Not Originally This rulemaking would amend NHTSA´s regulations that 08/05/2014
AL43 Manufactured to Conform to the Federal Motor Vehicle Safety Standards
pertain to the importation by registered importers (RIs) of motor vehicles that were not originally manufactured to comply with all applicable Federal motor vehicle safety, bumper, and theft prevention standards. The amendments would require RIs to certify to NHTSA, as appropriate, that an imported vehicle either is not required to comply with the parts marking requirements of the Theft Prevention Standard or that the vehicle complies with those requirements as manufactured, or as modified prior to importation. The amendment would replace text that was inadvertently omitted when the regulations were last revised.
NHTSA 2127‐AL50
Federal Motor Vehicle Theft Prevention Standard, MY 2015 High‐Theft Light‐Duty Truck and Exempted Vehicle Line Listing
This rulemaking would update the regulation to amend Appendix A to list the likely high‐theft light duty truck lines that are subject to the parts‐marking requirements of the theft prevention standard and to amend Appendix A‐I to include vehicle lines that are exempted from the parts‐marking requirements beginning with model year 2015.
08/11/2014
NHTSA 2127‐AL51
Part 594 ‐ Schedule Of Fees Authorized by 49 U.S.C. 30141
This rulemaking would amend NHTSA's regulations establishing fees authorized by 49 U.S.C. § 30141 for the purpose of reimbursing the government for certain costs incurred in administering the vehicle importation program. The amendments will adjust the fees to the level necessary for the government to recover the agency's actual costs. The agency is required under 49 U.S.C. 30141(e) to review and adjust these fees at least
09/24/2014
every two years. The fees were last adjusted in September 2012.
NHTSA 2127‐AL54
Part 574 Tire Identification and Recordkeeping This rulemaking would revise 49 CFR Part 574, to require a three‐symbol plant code and allow the agency to continue to assign unique plant codes to manufacturers who apply. In January 1971, the requirement for a Tire Identification Number (TIN) was established in 49 Code of Federal Regulations (CFR) Part 574.5, Tire Identification and Recordkeeping, in part to identify tires during safety recalls, and as Federal motor vehicle safety standards for tires were created, Part 574.5 became a requirement by reference. The regulation specifies, in part, a two‐symbol manufacturer´s identification mark, herein called the plant code. Under Part 574.6, the agency has the authority to assign new tire plant codes to manufacturers who apply, but the pool of new two‐symbol tire plant codes has been depleted.
04/13/2015
NHTSA 2127‐AL01
FMVSS No. 218 and Enforcement Policy Concerning Novelty Helmets
This rulemaking would clarify which helmets are motor vehicle equipment subject to the minimum requirements of FMVSS No. 218. In addition, this rulemaking would employ certain criteria to more readily identify helmets that do not comply. The rulemaking would provide an alternative compliance process to provide manufacturers employing innovative technologies with an opportunity to establish compliance with FMVSS No. 218 if their
05/21/2015
products do not meet the aforementioned criteria. This rulemaking would be responsive to requirements of MAP‐21 legislation.
NHTSA 2127‐AK97
Electronic Stability Control Systems for Heavy Vehicles (MAP‐21)
This rulemaking would promulgate a new Federal standard that would require stability control systems on truck tractors and motorcoaches that address both rollover and loss of control crashes, after an extensive research program to evaluate the available technologies, an evaluation of the costs and benefits, and a review of manufacturer´s product plans. Rollover and loss of control crashes involving heavy vehicles is a serious safety issue that is responsible for 304 fatalities and 2,738 injuries annually. They are also a major cause of traffic tie‐ups, resulting in millions of dollars of lost productivity and excess energy consumption each year. Suppliers and truck and motorcoach manufacturers have developed stability control technology for heavy vehicles to mitigate these types of crashes. Our preliminary estimate produces an effectiveness range of thirty‐seven to fifty‐six percent against single‐vehicle tractor‐trailer rollover crashes and three to fourteen percent against loss of control crashes that result from skidding on the road surface. With these effectiveness estimates, annually, we estimate 29 ‐ 66 lives would be saved, 517 ‐ 979 MAIS 1‐5 injuries would be reduced, and 810 ‐ 1,693 crashes that involved property damage only would be eliminated. Additionally, it would save $10 ‐ $26 million in property damage and travel delays.
06/23/2015
Based on the technology unit costs and affected vehicles, we estimate technology costs would be $55 to 107 million, annually. However, the costs savings from reducing travel delay and property damage would produce net benefits of $128 ‐ $372 million. This rulemaking is responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP‐21) Act.
NHTSA 2127‐AL32
Direct Final Rulemaking Procedures This rulemaking would establish direct final rulemaking procedures for use with regulatory changes on which no adverse comment is expected. Under these procedures, NHTSA would make regulatory changes that become effective a specified number of days after the date of publication in the Federal Register, unless NHTSA receives written adverse comment(s) or written notice of intent to submit adverse comment(s) by the date specified in the direct final rule. These new procedures would expedite the promulgation of routine and noncontroversial rules by reducing the time and resources necessary to develop, review, clear and publish separate proposed and final rules. NHTSA would not use direct final rule procedures for complex or controversial issues.
06/25/2015
NHTSA 2127‐AL57
Retroreflective Tape for Single Unit Trucks This rulemaking would consider requirements for rear impact guards and other safety strategies on single unit trucks to mitigate underride crashes into the rear of single unit trucks. This rulemaking would respond, in
07/23/2015
part, to a petition for rulemaking from the Insurance Institute for Highway Safety and another from Mrs. Karth and the Truck Safety Coalition regarding improved rear impact guards for single unit trucks, as outlined in the July 10, 2014 grant of the petition.
NHTSA 2127‐AL60
49 CFR Part 577 Defect and Noncompliance Notification
Under the agency's regulation, 49 CFR Part 577, NHTSA requires manufacturers of motor vehicles and motor vehicle equipment to inform owners, dealers, and distributors about defects related to motor vehicle safety or a noncompliance with the federal motor vehicle safety standards and the remedy that the manufacturer will provide for the defect or noncompliance. In the Moving Ahead for Progress in the 21st Century Act (MAP‐21) Congress expanded the remedies available to manufacturers of replacement equipment to include the remedy of refunding the purchase price of equipment. This rulemaking amends Part 577 to conform to the revised remedy provisions in 49 U.S.C. 30120, Remedies for Defects and Noncompliance.
09/14/2015
NHTSA 2127‐AL59
Federal Motor Vehicle Theft Prevention Standard, MY 2016 High‐Theft Light‐Duty Truck and Exempted Vehicle Line Listing
This action would update the regulation to amend Appendix A to list the likely high‐theft light duty truck lines that are subject to the parts‐marking requirements of the theft prevention standard and to amend Appendix A‐1 to include vehicle lines that are exempted from the parts‐marking requirements beginning with model year 2016.
10/07/2015
NHTSA 2127‐AL58
Upgrade of Rear Impact Guard Requirements for Trailers and Semitrailers (RRR)
This rulemaking would consider upgrades to FMVSS No. 223, Rear impact guards, and FMVSS No. 224, Rear impact protection, for improving rear underride crash protection on trailers and semitrailers. This rulemaking would respond to a petition for rulemaking from the Insurance Institute for Highway Safety (IIHS) that requested a number of modifications to FMVSS Nos. 223 and 224 to improve rear underride protection for trailers and semitrailers. It would also respond, in part, to a petition for rulemaking from Mrs. Karth and the Truck Safety Coalition requesting improving rear impact guards on trailers and semitrailers as outlined in the July 10, 2014 grant of the petition. The costs associated with this rulemaking are not expected to be significant. This rulemaking action is in accordance with the U.S. DOT´s plan, Retrospective Review and Analysis of Existing Rules, for the implementation of Section 6 of the Executive Order 13563 (76 FR 3821, January 21, 2011) that urges agencies to conduct periodic retrospective evaluation of regulations and modify, streamline, expand, or repeal them in accordance with what has been learned from the evaluation. This rulemaking was downgraded to nonsignificant and will not appear in next month's report.
12/16/2015
NHTSA 2127‐AL41
FMVSS No. 571.108 License Plate Mounting Angle (RRR)
This rulemaking would harmonize the license plate mounting angle requirements for motorcycles with European regulatory requirements in response to a petition from the Motorcycle Industrial Council (MIC).
12/17/2015
MIC claimed that changing the license plate mounting angle would not adversely affect safety or law enforcement. MIC stated that by allowing a 30 degree upward angle, the license plate lamp can be physically located closer to the plate, retaining the incident angle and providing the same amount of illumination. In response to this petition, this rulemaking would amend the Federal motor vehicle safety standard (FMVSS) on lamps, reflective devices, and associated equipment to allow the licenses plate mounting surface on motorcycles to be at an angle of up to 30 degrees beyond vertical. The agency believes that this rulemaking action would result in minor benefits resulting from cost saving associated with increased design flexibility. Because the agency does not believe that benefits from this rulemaking action would rise to the level that the action would be economically significant, the agency does not anticipate conducting a separate economic analysis for this rulemaking.
NHTSA 2127‐AL63
49 CFR 591 Importation of Vehicle and Equipment Subject to Federal Safety, Bumper and Theft Prevention Standards
Under 49 CFR Part 591, NHTSA requires importers of motor vehicles and motor vehicle equipment to provide certain information at the time of importation, which is collected by U.S. Customs and Border Protection (CBP). In the past, CBP collected all information in paper but has moved to a system that allows for paper or electronic format filings, or a hybrid combination of paper and electronic filings. Beginning in the Fall of 2015, and with pilot programs beginning
12/23/2015
in Summer 2015, CBP is introducing a new data collection system for use by CBP when inspecting imports at U.S. ports; this new system will require importation documentation to be filed in either all paper or all electronic format. Importers will no longer have the option of using the hybrid filing system. Currently, there are several provisions within 49 CFR Part 591 (Importation of Vehicles and Equipment Subject to Federal Safety, Bumper and Theft Prevention Standards) that either explicitly or impliedly require a paper filing for a specific piece of data. Thus, maintaining the status quo with regard to these provisions would mean that importers would be forced to file in paper once the new CBP data collection system is in place. To avoid this result, which would likely add a burden on importers and reduce their options for methods of filing, this Interim Final Rule amends the wording of the provisions in 49 CFR Part 591 that explicitly or impliedly require paper filings so that it is clear that the filings can be made in any format accepted by CBP. This rulemaking does not impose additional obligations or burdens on any party and, specifically, does not require filing of additional information. Rather, it provides importers with the option of filing importation information already required under 49 CFR Part 591 in either paper or electronic format according to their preference.
NHTSA 2127‐ 49 CFR Part 577 Defect and Noncompliance Under the agency's regulation, 49 CFR Part 577, NHTSA 01/26/2016
AL66 Notification requires manufacturers of motor vehicles and motor vehicle equipment to inform owners, dealers, and distributors about defects related to motor vehicle safety or a noncompliance with the federal motor vehicle safety standards. In the Moving Ahead for Progress in the 21st Century Act (MAP‐21) Congress authorizes the Secretary of Transportation to amend the means of notification required under 49 U.S.C. §30118, to be in a manner other than, or in addition to, first‐class mail. MAP‐21 also authorizes the Secretary of Transportation to improve the efficacy of recalls by requiring manufacturers to send additional notifications of defects or noncompliance if a second notification by the manufacturer does not result in an adequate number of motor vehicles or replacement equipment being returned for remedy. 49 U.S.C.§ 30119(e). This ANRPM is the most appropriate course to obtain additional information that will help us decide which means are the most effective in motivating owners, purchasers, and dealers to participate in recall campaigns, to aid the agency in developing a rule implementing the notification requirements under MAP‐21.
NHTSA 2127‐AL46
Organization and Delegation of Duties This rulemaking would make one update and one procedural change to 49 CFR Part 501, the chapter of the Code of Federal Regulations that sets forth the organization of the National Highway Traffic Safety Administration (NHTSA) and delegations of authority
02/04/2016
from the NHTSA Administrator to other Departmental officials including the Deputy Administrator, Chief Counsel, and Senior Associate Administrators. This rule is ministerial in nature and relates only to Agency management, organization, procedure, and practice. As this rule would not have a substantive impact on the public, the Agency does not expect to receive significant comments on the substance of the rule.
NHTSA 2127‐AL27
Federal Motor Vehicle Safety Standard No. 108, "Lamps, Reflective Devices, and Associated Equipment"
This rulemaking would restore the side marker lamp requirements for vehicles that are over 80 inches wide, and also less than 30 feet in overall length, to Federal Motor Vehicle Safety Standard (FMVSS) No. 108, Lamps, Reflective Devices and Associated Equipment. The requirements were modified when the agency published a final rule reorganizing the standard on December 4, 2007. A 1980 final rule created a relaxed requirement for vehicles that are less than 30 feet in overall length, so that dual wheeled pickup trucks that share components with regular pickup trucks did not have to meet separate requirements. This relaxed requirement was inadvertently omitted when the rule was reorganized in 2007, so this rulemaking would restore the 1980 language.
02/08/2016
NHTSA 2127‐AL38
MAP‐21 Civil Penalties Interpretation This rulemaking would provide interpretation for the added civil penalties factors in MAP‐21 in determining the amount of civil penalty or compromise under Section 30165 of the National Traffic and Motor Vehicle
03/02/2016
Safety Act. MAP‐21 directs NHTSA to issue a rule providing an interpretation of the penalty factors. This interpretation of the penalty factors is based closely on the language of the statute, and informed by the agency's experience in its day to day enforcement activity, and the manner in which the agency has compromised penalties in the past. This rulemaking would also provide procedures for NHTSA to follow in determining the amount of civil penalties. These procedures are modeled after NHTSA's past practices with respect to civil penalty actions for violations of other statutes enforced by NHTSA . NHTSA is providing procedures for determining the amount of civil penalties or compromise so that civil penalties can be assessed efficiently and in a manner consistent with the requirements of due process.
NHTSA 2127‐AL39
Electronic Disclosure of Odometer Requirements Pursuant to MAP‐21, this rulemaking would permit any written disclosures or notices and matters related to odometer information produced for the transfer of a vehicle to be provided electronically.
03/25/2016
NHTSA 2127‐AL71
Uniform Procedures for State Highway Safety Grants and GDL Qualification Requirements
On December 4, 2015, the President signed into law the Fixing America's Surface Transportation Act (FAST Act), PL 114‐94, which among other things, amended the National Highway Traffic Safety Administration's (NHTSA) highway safety grant program (23 U.S.C. 402) and the national priority safety program grants (23 U.S.C. 405). FAST Act requires NHTSA to award grants
05/23/2016
pursuant to rulemaking (Sec. 4001(d)) and to establish the minimum qualification criteria for the graduated driver licensing (GDL) grant in accordance with the notice and comment provisions of the Administrative Procedure Act (23 U.S.C. 405(g)(3)(A)). NHTSA must expedite a rulemaking to implement and provide sufficient notice to the States of the statutory amendments to the qualification criteria of the State GDL incentive grant under 23 U.S.C. 405(g). By statute, NHTSA must issue fiscal year 2017 grants as early in the fiscal year as possible. For fiscal year 2017 grants, the statutory grant application date is July 1, 2016. Failure to make awards within each fiscal year in a timely manner will negatively impact State highway safety programs. Once the rule becomes effective, States need sufficient time to pass complaint legislation and apply for the grants.
NHTSA 2127‐AL28
Part 571 New FMVSS, Lamps and Reflective Devices for Agricultural Equipment (MAP‐21)
This rulemaking would revise regulations in order to meet the requirements of the Congressional directive provided through the MAP‐21 Act, Subtitle F, Section 31601, Rulemaking on Visibility of Agricultural Equipment. This is a statutory mandate. The costs and benefits have not yet been determined. The purpose of this rule would be to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road. Agricultural equipment has the meaning given the term ´agricultural field equipment´ in the American Society of Agricultural and
06/22/2016
Biological Engineers (ASABE) Standard 390.4: ´Agricultural tractors, self‐propelled machines, implements, and combinations thereof designed primarily for agricultural field operations.´ The rule would establish minimum lighting and marking standards for applicable agricultural equipment according to the directive in MAP‐21.
NHTSA 2127‐AL52
Fuel Efficiency Standards for Medium‐ and Heavy‐Duty Vehicles and Work Trucks: Phase 2
This rulemaking would address fuel efficiency standards for medium‐ and heavy‐duty on‐highway vehicles and work trucks for model years beyond 2018. This rulemaking would respond to requirements of the Energy Independence and Security Act of 2007 (EISA), Title 1, Subtitle A, Sections 102 and 108, as they amend 49 USC § 32902, which was signed into law December 19, 2007. The statute requires that NHTSA establish a medium‐ and heavy‐duty on‐highway vehicle and work truck fuel efficiency improvement program that achieves the maximum feasible improvement, including standards that are appropriate, cost‐effective, and technologically feasible. The law requires that the new standards provide at least 4 full model years of regulatory lead‐time and 3 full model years of regulatory stability (i.e., the standards must remain in effect for 3 years before they may be amended). This action would follow the first ever Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium‐ and Heavy‐Duty Engines and Vehicles ("Phase 1") (76 FR 57106, September 15, 2011). In June, 2013,
10/25/2016
the President's Climate Action Plan called for the Department of Transportation to develop fuel efficiency standards and the Environmental Protection Agency to develop greenhouse gas emission standards in joint rulemaking within the President's second term. In February 2014, the President directed DOT and EPA to complete the second phase of Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium‐ and Heavy‐Duty Engines and Vehicles during his second term.
OST 2105‐AD79
Disadvantaged Business Enterprise Program; Inflationary Adjustment
This rulemaking would adjust the statutorily‐mandated gross receipts cap on DBE firm size in the Federally‐assisted contracts DBE program, as required under SAFETEA‐LU. The adjustment is made to keep up with inflation every year. This rulemaking would also adjust for inflation the size limits for DBE concession firms in the airport concessions DBE program. The annual update for the gross receipts cap and the size limits maintain the status quo in terms of real dollars.
04/03/2009
OST 2105‐AD89
Procedures for Transportation Workplace Drug and Alcohol Testing Programs
This rulemaking would reinstate the requirement for direct observation collections for all return‐to‐duty and follow‐up tests. This provision was stayed by the United States Court of Appeals for the District of Columbia Circuit effect November 1, 2008, but that stay was lifted on July 1, 2009. This amendment, therefore restores the language of 49 CFR 40.67(b) to the version that became a final rule on June 25, 2008.
07/30/2009
OST 2105‐AD78
Collection of Overdue Program and Administrative Debts Using Administrative Wage Garnishment
This rulemaking would adopt the notification and hearing procedures established by the Department of Treasury for administrative wage garnishments. As required by the Debts Collections Improvement Act, the Department refers eligible past due debts to the Financial Management Service (FMS), within Department of the Treasury, for collection. FMS acts as a facilitator between the Department and the debtor. This rulemaking would establish notification procedures for the debtor and those procedures by which the Department would conduct hearings, when one is requested by the debtor.
08/12/2009
OST 2105‐AD72
Enhancing Airline Passenger Protections This rulemaking would propose to enhance airline passenger protections in the following ways: (1) require carriers to adopt contingency plans for lengthy tarmac delays and to incorporate these plans in their contracts of carriage, (2) require carriers to respond to consumer problems, (3) declare the operation of flights that remain chronically delayed to be an unfair and deceptive practice and an unfair method of competition, (4) require carriers to publish delay data on their websites, and (5) require carriers to adopt customer service plans, incorporate these in their contracts of carriage, and audit their adherence to their plans.
12/30/2009
OST 2105‐AD82
OST Technical Corrections This rulemaking would make several corrections to OST regulations to remove an obsolete room number, to
02/02/2010
reflect that the Chief Information Officer replaced the Assistant Secretary for Administration as the DOT Chief Privacy Officer, and to correct a mistake made in the definition of "Department" in the OST Freedom of Inormation regulations.
OST 2105‐AD93
Procedures for Reimbursement of General Aviation Operators and Service Providers in the Washington, DC Area; Removal
This direct final rule removes a DOT rule, Procedures for Reimbursement of General Aviation Operators and Service Providers in the Washington, DC Area, 14 CFR Part 331. This rule is being removed because all reimbursements under that program have been made and all program activities completed.
02/02/2010
OST 2105‐AD94
Employee Protection Program: Removal of Part This direct final rule would remove the procedural regulations of the Department of Transportation Employee Protection Program (14 CFR Part 314) because the underlying program was repealed by an act of Congress and the program has been terminated.
02/04/2010
OST 2105‐AD84
Procedures for Transportation Workplace Drug and Alcohol Testing Programs: Alcohol Testing Form and Drug and Alcohol Management Information Systems Form Updates
The Office of Drug and Alcohol Policy and Compliance (ODAPC) is amending its drug and alcohol testing procedures, 49 CFR Part 40, to authorize employers to begin using the updated U.S. DOT Alcohol Testing form (ATF) and the Management Information System (MIS) Data Collection Form. These forms were updated as a result of the Department´s routine submission and subsequent approval of an information collection notice in accordance with the Paperwork Reduction Act (PRA) of 1995. In approving the Department´s
02/25/2010
submission, OMB required minor updates to the standard PRA language on both forms. The ATF and MIS were also updated to include the current address of the Department, and a DOT form number. The ATF was also updated to include additional instructions to the testing technician so that the tamper evident tape does not obscure the test result and the legends of the test result boxes were adjusted so they don´t obscure printed test results. Other than the changes just mentioned, the content and format of the forms from the previous versions remain the same. Both forms are used in the DOT´s drug and alcohol testing program which applies to the FRA, FAA, FTA, FMCSA, PHMSA, and the USCG (MIS form only). The ATF is used to document data from each alcohol test conducted, to include the test results, and used by employers to take appropriate action to ensure safety in the workplace. The MIS form includes employer specific drug and alcohol testing information (e.g., reason for the test, cumulative number of positive, negative, and refusal results) which is then used by each of the affected DOT agencies when calculating their random testing rates. This Direct Final Rule is necessary so that we can republish the forms with the updated information.
OST 2105‐AD98
Standard Time Zone Boundary in the State of North Dakota: Proposed Change for Mercer County, North Dakota, from Mountain to Central Time Zone
The Chairman of the Board of County Commissioners for Mercer County, North Dakota, petitioned the U.S. Department of Transportation to move Mercer County from the mountain to the central standard time zone.
03/15/2010
The Department believes that the petition makes a prima facie case for the proposed time zone change. This rulemaking would solicit public comment on the proposal.
OST 2105‐AD50
Short‐Term Lending Program (STLP) This rulemaking would provide guidelines for the Short‐Term Lending Program (STLP) designed for disadvantaged business enterprises (DBEs) involved in transportation related contracts. In response to the developmental needs of DBEs, the Office of Small and Disadvantaged Business Utilization and Minority Resource Center developed the STLP to guarantee short‐term revolving lines of credit for certified DBEs.
04/14/2010
OST 2105‐AE02
Posting of Flight Delay Data on Websites This direct final rule amends the time period for uploading flight performance information to an air carrier´s website from anytime between the 20th and 23rd day of the month to the fourth Saturday of the month.
06/25/2010
OST 2105‐AB87
Accessibility of Passenger Vessels to Individuals with Disabilities
The final rule published on July 6, 2020, asked for additional comment on requirements to make passenger vessels accessible to, and usable by, individuals with disabilities.This notice responds to those comments and made certain adjustments in effective dates for the final rule.
11/08/2010
OST 2105‐AD75
Disadvantaged Business Enterprise; Potential Program Improvements
The rule makes several improvements to the DBE program, in areas including program oversight,
01/28/2011
recipient accountability, and interstate certification.
OST 2105‐AD92
Enhancing Airline Passenger Protections ‐ Part 2 This rulemaking would enhance airline passenger protections by addressing the following areas:(1) contingency plans for lengthy tarmac delays; (2) reporting of tarmac delay data; (3) customer service plans; (4) notification to passengers of flight status changes; (5) inflation adjustment for denied boarding compensation; (6) alternative transportation for passengers on canceled flights; (7) opt‐out provisions (e.g. travel insurance); (8) contract of carriage provisions; (9) baggage fees disclosure; and (10) full fare advertising.
04/25/2011
OST 2105‐AC71
Aviation Data Requirements Review and Modernization Program
This rulemaking requested public comments from reporting carriers and aviation data users on the nature, scope, source, and means for collecting, processing, and distributing airline traffic, fare, and financial data. Specifically, it invited comments on whether existing airline traffic, fare, and financial data should be amended, supplemented, or replaced; whether selected forms and reports should be retained, modified, or eliminated; whether OST should require all aviation data to be filed electronically; and how the aviation data system should be reengineered to enhance efficiency and to reduce costs for both the Department and the airline industry.
06/01/2011
OST 2105‐ Transportation for Individuals with Disabilites" This rulemaking would amend several regulations 09/19/2011
AD54 Miscellaneous Amendments regarding rail station platform standards, reasonable modifications of policies and procedures, and pedestrian access; it would also codify existing DOT procedures for issuing interpretations and guidance.
OST 2105‐AD60
Grants to Institutions of Higher Education, Hospitals and other Non‐Profit Organizations Requirements
This rulemaking would amend Department of Transportation regulations on uniform administrative requirements for grants and agreements with institutions of Higher Education, Hospitals and other Non‐profit Organizations. This rulemaking would specify requirements that are consistent with the uniform administrative requirements for grants and cooperative agreements to State and Local governments.
10/05/2011
OST 2105‐AD85
Maintenance of and Access to Records Pertaining to Individuals
This rulemaking would add a system of records relating to external civil rights inquiries and complaints to the list of DOT Privacy Act Systems of Records that are exempt from one or more provisions of the Privacy Act.
04/03/2012
OST 2105‐AE14
Procedures for Transportation Workplace Drug and Alcohol Testing Programs: 6‐aceytlmorphine (6‐AM) Testing
This interim final rule would amend DOT´s Drug testing procedures to simplify procedures for testing for 6‐AM, a marker for heroin.
05/04/2012
OST 2105‐AE10
Program Improvements for Airport Concession Disadvantaged Business Enterprises
This rulemaking would make conforming amendments to the Department of Transportation´s Airport Concessions Disadvantaged Business Enterprise (ACDBE) regulation, consistent with recently issued amendments in the Department´s regulation for the
06/20/2012
disadvantaged business enterprise (DBE) program in highway, transit, and airport financial assistance programs.
OST 2105‐AE19
Organization and Delegation of Powers and Duties The Office of the Secretary of Transportation (OST) is updating the regulations in 49 CFR Part 1. These regulations govern the organization of the Department of Transportation and delegations of authority from the Secretary to Departmental officers including the Deputy Secretary, the Under Secretary, the General Counsel, the Assistant Secretaries, the Inspector General, and the heads of Operating Administrations. This rule is a publication of delegations already made by the Secretary to other Departmental officials.
08/17/2012
OST 2105‐AE08
Disadvantaged Business Enterprise (DBE Program Improvements, Phase 2)
This rulemaking would propose changes to the DBE rule in such areas as application and personal net worth forms, transit vehicle manufacturers, and certification standards and procedures. This rulemaking was recently downgraded to nonsignificant and will not appear on next month's report.
09/06/2012
OST 2105‐AD83
Prioritization and Allocation Authority Exercised By the Secretary of Transportation Under the Defense Production Act
This rulemaking would clarify the prioritization and allocation authorities exercised by the Secretary of Transportation under the Defense Production Act (DPA). The DPA is the President´s primary authority to ensure timely availability of private sector resources for national defense. In addition to military and energy activities, the definition of "national defense" includes
10/01/2012
emergency preparedness activities conducted pursuant to Title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act and the protection and restoration of critical infrastructure. Under Title I of the DPA, the President has the authority to require the acceptance and prioritization of contracts and orders ‐‐ and to allocate materials, services, and facilities ‐‐ in support of the national defense. Under Section 201 of Executive Order 12919, the President has delegated these prioritization and allocation authorities to the Secretary of Transportation for all forms of civil transportation. In the 2009 DPA reauthorization legislation, Congress mandated that each Federal agency with delegated authority under Title I of the DPA develop final rules that establish standards and procedures for implementing its delegated authority in emergency and nonemergency conditions. Additionally, Congress mandated that, to the extent practicable, the rules be consistent and unified. DOT is part of an interagency working group, along with the other delegated agencies, that is developing consistent unified rules.
OST 2105‐AE14
Procedures for Transportation Workplace Drug and Alcohol Testing Programs: 6‐aceytlmorphine (6‐AM) Testing
This interim final rule would amend DOT´s Drug testing procedures to simplify procedures for testing for 6‐AM, a marker for heroin.
10/03/2012
OST 2105‐AE21
Domestic Baggage Liability This draft final rule increases the minimum domestic baggage liability from $3,300 to $3,400, in accordance
03/08/2013
with the periodic inflation adjustment contained in section 254.6.
OST 2105‐AE20
Standard Time Zone Boundaries This rulemaking would update and amend the regulation to reflect changes mandated by Congress in U.S.C. 260‐267. This action would ensure the regulation accurately reflects the Federal law and would reduce confusion over ambiguous language and inconsistencies.
03/13/2013
OST 2105‐AE22
Advisory Committees (RRR) This rulemaking would remove DOT´s advisory committee regulations at 49 CFR part 95. Part 95 has substantively remained unchanged since its early amendment in 1968. It has since been made obsolete by other laws, regulations, and agency procedures.
08/08/2013
OST 2105‐AD87
Use of the Seat‐Strapping Method for Carrying a Wheelchair on an Aircraft
This rulemaking would address whether carriers should be allowed to utilize the seat‐strapping method to stow a passenger´s wheelchair in the aircraft cabin.
11/12/2013
OST 2105‐AD96
Accessibility of Carrier Websites and Ticket Kiosks This is the first of two rulemakings to follow‐up on air travel accessibility issues discussed in the preamble of the 2008 final Air Carrier Access Act (ACAA) rule but deferred for final decision to a later rulemaking. (The second rulemaking is RIN 2105‐AE12.) This rulemaking action would consider: (1) whether carriers should be required to make Web sites they operate and on which their agents sell airport transportation on their behalf accessible to people with disabilities; and (2) whether
11/12/2013
automated kiosks operated by carriers at U.S. airports should be required to be accessible.
OST 2105‐AE28
Organization and Delegation of Powers and Duties The Secretary of Transportation is authorized to delegate functions, powers, and duties as the Secretary deems appropriate. This rule amends the existing delegations of authority by relocating two delegations to the Inspector General currently found in the Department´s regulations on the Freedom of Information Act and Privacy Act.
03/21/2014
OST 2105‐AE25
Miscellaneous Civil Rights Amendments (RRR) This final rule amends the guidance found in both Appendix D to Part 37 and the Appendix to Part 38 by removing obsolete and inconsistent language. Specifically, guidance language found in the Appendix to Part 38 concerning public address systems has become outdated. In addition, a final rule published on May 21, 1996, which amended portions of 49 CFR part 37 concerning equivalent facilitation determinations, inadvertently failed to update language found in Appendix D to that part.
04/16/2014
OST 2105‐AE07
Incidents Involving Death, Loss, or Injury of Animals This rulemaking would amend the existing reporting requirements in 14 CFR 234.13 concerning the loss, injury, or death of an animal during air transport. Under the existing rule, "animal" means any warm or cold blooded animal which, at the time of transportation, is being kept as a pet in a family household in the United States. This rulemaking would
07/03/2014
expand the definition of animal to also include all cats and dogs transported by an air carrier, regardless of whether or not it is a kept as a pet in a family household. In addition, the existing rule applies to air carrier that account for 1% or more of domestic scheduled‐service passenger revenues. The rulemaking would expand this to all US carriers that operate scheduled service with at least one aircraft with a design capacity of more than 60 seats.
OST 2105‐AD99
Public Availability of Information; Freedom of Information Act
This rulemaking would revise and republish its regulations implementing the Freedom of Information Act, 5 U.S.C. 552 (FOIA). The purpose for this revision is to update the regulations to be consistent with amendments to FOIA that were signed into law on December 31, 2007, revise DOT´s fee schedule and other charges, and make provisions clearer and easier to locate. The regulations are being republished because of numerous changes to the organization and headings (e.g., the headings are now in the form of questions).
07/25/2014
OST 2105‐AE34
Organization and Delegation of Powers and Duties in the Transportation Acquisition Regulation
This rule amends the Transportation Acquisition Regulation (TAR) to reflect the elevation of the Research and Innovative Technology Administration into the Office of the Secretary, creating the Assistant Secretary for Research and Technology.
09/12/2014
OST 2105‐ Maintenance of and Access to Records Pertaining to This rule conforms the Department´s regulations on 10/02/2014
AE36 Individuals Maintenance of and Access to Records Pertaining to Individuals at 49 CFR Part 10, Appendix A, both to the applicable System of Records Notices (SORNs) and current DOT practice. The rule adds the General Investigation Records System to the list of DOT Privacy Act SORNs that are exempt from one or more provisions of the Privacy Act. The rule also exempts the Personnel Security Record System from additional provisions of the Privacy Act, as well as correcting the identification number for that System. These exemptions were initially established in 1975; however, a 1980 rulemaking omitted these exemptions.
OST 2105‐AE33
Adoption of Governmentwide Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
DOT will adopt OMB´s revised government‐wide Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards to non‐Federal entities. These revisions are a key component of a larger Federal effort to more effectively focus Federal resources on improving performance and outcomes, while ensuring the financial integrity of taxpayer dollars in partnership with non‐Federal stakeholders.
12/19/2014
OST 2105‐AE37
Air Travel with Musical Instruments The Department of Transportation is issuing a final rule to implement section 403 of the FAA Modernization and Reform Act of 2012 regarding the carriage of musical instruments as carry‐on baggage or checked baggage on commercial passenger flights operated by air carriers. The Department has determined that there
01/05/2015
is good cause to issue this final rule without notice and an opportunity for public comment as it is incorporating the statutory language virtually verbatim and without interpretation. Public comment is unnecessary as the Department is exercising no discretion to implement this rule.
OST 2105‐AE15
Transportation for Individuals with Disabilities: Reasonable Modification
This action would continue a rulemaking initiated under RIN 2105‐AD54. It would revise the Department´s Americans with Disabilities Act (ADA) regulations, to parallel other DOT and Department of Justice ADA rules, to clarify that public transportation providers are required to reasonably modify policies and practices where necessary to ensure nondiscriminatory transportation services for individuals with disabilities, except where doing so would fundamentally alter the service. For example, an individual using a wheelchair who needs to access the bus would be able to board the bus even though sidewalk construction or snow prevents the individual from boarding the bus from the bus stop; the operator of the bus would need to slightly adjust the boarding location so that the individual using a wheelchair may board from an accessible location. This rulemaking was recently downgraded to nonsignificant and will not appear on next month's report.
03/13/2015
OST 2105‐AE39
Revisions to Denied Boarding Compensation, Domestic Baggage Liability Limits, and Maximum Civil Penalty
In accordance with 14 CFR 250.5(e), this final rule raises the maximum denied boarding compensation (DBC)
05/27/2015
amounts that have been in effect since August 2011 from $650 to $675 and from $1300 to $1350. In accordance with 14 CFR 254.6, this final rule raises the minimum liability limit air carriers may impose for mishandled baggage in domestic air transportation, from $3400 to $3500. Pursuant to 14 CFR 383.1(b), this final rule raises the maximum civil penalty for violations of section 41712 and consumer protection rules and orders by small businesses and individuals from $2,500 to $2,750.
OST 2105‐AD91
Accessibility of Airports This rulemaking would include new provisions related to service animal relief areas and closed captioning of televisions and audio‐visual displays for airports that mirror the new requirements applicable to airlines set forth in the amended 14 CFR Part 382. It would also reorganize the provision in 49 CFR Part 27 regarding lifts used to transfer disabled passengers to and from the tarmac. After further evaluation, the Department has determined that this rule is more appropriately classified as nonsignificant and, consequently, will not appear on next month's Internet report.
08/05/2015
OST 2105‐AE06
Smoking of Electronic Cigarettes On Commercial Aircraft
This rulemaking would amend the general regulatory language in 14 CFR Part 252 to explicitly ban the smoking of electronic cigarettes on air carrier and foreign air carrier flights in scheduled intrastate, interstate, and foreign air transportation.
03/04/2016
OST 2105‐AE42
Organization and Delegation of Powers and Duties This rulemaking would update the regulations that govern the organization of the Department of Transportation and delegate authority from the Secretary to Departmental officers including the Deputy Secretary, the Under Secretary, the General Counsel, the Assistant Secretaries, the Inspector General, and the heads of the Department's Operating Administrations. This amendment responds to the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112‐141, 126 Stat. 405) and the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2014 (Pub. L. 113‐76 div. L, 128 Stat. 573), removes some delegations of authority that were unnecessary or inaccurate, and revises some delegations of authority to improve the description of current Department practice.
04/05/2016
OST 2105‐AE50
Classified Information: Classification/Declassification/Access; Authority to Classify Information (RRR)
This rulemaking would update the regulations regarding classified information to reflect changes in organizational structure; update the legal authorities; incorporate new references; and refer historical researchers and former Presidential appointees to Executive Order 13526.
07/15/2016
OST 2105‐AE54
Technical Amendment to revise the definition of "Service Agent" in 49 CFR Part 40
This final rule amends the U.S. Department of Transportation's (DOT) regulation to conform to recent legislation that changed the definition of the term "service agent" in the DOT drug and alcohol testing regulations. The final rule also revises the definition of
08/08/2016
"service agent" to include all entities that provide services for DOT mandated drug and alcohol programs.
OST 2105‐AE51
Revisions to Civil Penalty Amounts In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Department of Transportation is issuing an interim final rule to adjust for inflation the maximum civil penalties for violations of certain aviation economic statutes and the rules and orders issued thereunder.
08/10/2016
OST 2105‐AE27
Removal of Provisions for the DOT Board of Contract Appeals
The Civilian Board of Contract Appeals was created by statute to replace many individual Boards of Contract Appeals, including DOT´s. This final rule would remove these provisions, which are no longer supported by statutory authority, from the Code of Federal Regulations.
10/17/2016
OST 2105‐AE11
Enhancing Airline Passenger Protections III The rulemaking previously titled "Airline Pricing Transparency and Other Consumer Protection Issues" has been separated into three proceedings. This final rule would address the following topics from the notice of proposed rulemaking issued on May 23, 2014: the scope of carriers required to report service quality data, reporting of mainline carriers' domestic code‐share partner operations; the statutory requirement that carriers and ticket agents disclose any code‐share arrangements on their websites; undisclosed biasing by carriers and ticket agents in electronic displays of flight search results; and disclosure by ticket agents of the
11/03/2016
carriers whose tickets they sell in order to avoid having consumers mistakenly believe they are searching all possible flight options for a particular city‐pair market when in fact there may be other options available. Additionally, the rulemaking would correct drafting errors and make a few clarifying changes to the Department's second Enhancing Airline Passenger Protections rule. Two other proceedings will address other provisions identified in the 2014 NPRM. See RIN 2105‐AE56, Transparency of Airline Ancillary Service Fees; and RIN 2105‐AE57, Air Transportation Consumer Protection Requirements for Ticket Agents. These rulemakings address unrelated matters and were separated into three proceedings to avoid the risk of any delay in finalizing one issue resulting in a delay in finalizing other issues.
PHMSA 2137‐AE28
Pipeline Safety: Control Room Management/Human Factors
This rulemaking would require operators of natural gas pipelines, hazardous liquid pipelines, and liquefied natural gas (LNG) facilities, to identify and employ specific procedures to improve control room operations, controller training, and controller qualifications. It would require operators to develop, implement, and submit to PHMSA (or the appropriate State), a human factors management plan designed to reduce risks associated with human factors. This would require operators to include in their plans a maximum limit on the hours of service for individuals employed as controllers. It would also require operators to
12/03/2009
periodically review their management of computer‐based control system alarms and to verify that the control systems provide accurate and timely information to controllers. This rulemaking would further require each operator to validate the implementation of the program elements applicable to their individual control system.
PHMSA 2137‐AE15
Pipeline Safety: Distribution Integrity Management This rulemaking would establish integrity management program requirements appropriate for gas distribution pipeline operators. This rulemaking would require gas distribution pipeline operators to develop and implement programs to better assure the integrity of their pipeline systems.
12/04/2009
PHMSA 2137‐AE22
Hazardous Materials: Risk‐Based Adjustment of Transportation Security Plan Requirements
In response to two industry petitions for rulemaking, this rulemaking will reconsider and refine the list of hazardous materials for which security plans are currently required. The industry petitioners asked PHMSA to amend the security plan regulations to create a distinction between hazardous materials that present a significant security risk while in transportation and the vast majority of hazardous materials that pose no significant security risk in transportation.
03/09/2010
PHMSA 2137‐AE63
Hazardous Materials: Limiting the Use of Electronic Devices by Highway
This rulemaking would restrict the use of electronic devices by drivers during the operation of a motor vehicle containing a quantity of hazardous materials
02/28/2011
requiring placarding under Part 172 of the 49 CFR or any quantity of a material listed as a select agent or toxin in 42 CFR Part 73. Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in texting while driving. This rulemaking would improve health and safety on the Nation´s highways by reducing the prevalence of distracted driving‐related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.
PHMSA 2137‐AE13
Hazardous Materials: Enforcement Regulations Pursuant to a mandate in SAFETEA‐LU (section 7118 of P.L. 109‐59), this rulemaking would establish procedural regulations to implement authority provided to DOT to open packages believed to contain hazardous materials; remove such packages from transportation; gather information; order the package transported to a facility for examination and analysis; obtain assistance from qualified persons; and issue emergency restrictions, prohibitions, recalls, or out‐of‐service orders to abate an imminent hazard.
03/02/2011
PHMSA 2137‐AE36
Pipeline Safety: Applying Safety Regulations to All Rural Onshore Hazardous Liquid Low‐Stress Lines
This rulemaking would amend pipeline safety regulations to apply safety regulation to rural low‐stress hazardous liquid pipelines that are not covered by safety regulations in 49 CFR Part 195. This change complies with a mandate in the Pipeline Inspection,
05/05/2011
Protection, Enforcement, and Safety Act of 2006 (PIPES Act). Until 2008, unless a rural low stress pipeline crossed a commercially navigable waterway, a hazardous liquid pipeline operating at low‐stress in a rural area was not regulated under Federal pipeline safety regulations in 49 CFR Part 195. Section four of the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES Act), requires PHMSA to "issue regulations subjecting low‐stress hazardous liquid pipelines to the same standards and regulations as other hazardous liquid pipelines." The Act also provides that the new regulations could be issued in phases. PHMSA decided to implement the PIPES Act mandate in phases, in part because PHMSA did not have complete data on the extent of rural low stress pipelines that would be covered by the statutory mandate. Phase one, published in a final rule on June 3, 2008, applied full Part 195 regulation to the higher‐risk, larger‐diameter, rural low‐stress pipelines, i.e., those low‐stress pipelines with a diameter of 8 5/8‐inches or greater located in or within one‐half mile of an unusually sensitive area (USA). These are the rural low stress pipelines that have more potential to cause harm to unusually sensitive areas. In phase two (this rulemaking), we are applying Part 195 safety requirements to all rural low‐stress pipelines not included in the phase one rule. Thus, the pipelines addressed by this rulemaking are those rural low‐stress pipelines of any diameter located more than one‐half
mile from a USA and those less than 8 5/8 inches in diameter located within one‐half mile of a USA. This rulemkaing was recently reclassified as non‐significant and will be removed from the next report.
PHMSA 2137‐AE06
Hazardous Materials: Requirements for Storage of Explosives During Transportation
Currently, the Hazardous Materials Regulations (HMR) require all hazardous materials shipments stored during transportation to conform to the same requirements that apply when the shipments are actually moving. The Federal Motor Carrier Safety Administration (FMCSA) requires shipments of Division 1.1, 1.2, and 1.3 explosives to be attended at all times or allows for unattended storage in a safe haven. There are no specific requirements or guidance as to the key safety measures that must be in place for an area to be considered a safe haven. Through this rulemaking, PHMSA, in coordination with FMCSA, is designating the National Fire Protection Association (NFPA) standard 498 as the Federally approved standard for the construction and maintenance of safe havens used for unattended storage of Division 1.1, 1.2, and 1.3 explosives. This change will fill a safety gap in the safe haven designation process and provide state and local governments and the regulated community with Federal guidance regarding the key safety measures that need to be in place at safe havens.
06/07/2011
PHMSA 2137‐AE64
Pipeline Safety: Control Room Management; Change in Implementation Period
PHMSA published the Control Room Management/Human Factors final rule in the Federal
06/16/2011
Register (74 FR 63310) on December 3, 2009, which became effective on February 1, 2010. The final rule established an 18‐month program development deadline of August 1, 2011, and a subsequent 18‐month program implementation deadline of February 1, 2013. This rulemaking would expedite the program implementation deadline to August 1, 2011, for most of the requirements, except for certain provisions regarding adequate information and alarm management, which would have a program implementation deadline of August 1, 2012. The final rule´s regulatory analysis did not consider specific costs for the program implementation deadlines, because the costs associated with the rule were determined to be the first‐year program implementation costs, and were not dependent on the implementation deadline. PHMSA believes that the 18 months provided for program development is sufficient for pipeline operators to both develop and implement certain provisions of the rule. Where PHMSA believes there is a need for additional program implementation time, the rulemaking would moderately shorten that time by only six months. Therefore, PHMSA does not believe there is additional cost for this rulemaking beyond what has already been evaluated in the original control room management final rule.
PHMSA 2137‐AE74
Hazardous Materials: Revisions to the List of Hazardous Substances and Reportable Quantities
PHMSA would amend the Hazardous Materials Regulations (HMR) by removing saccharin and its salts
06/27/2011
from its list of hazardous substances and reportable quantities (RQs) based on U.S. EPA amendment of the CERCLA list of hazardous substances in which EPA removed these substances. Superfund (i.e., CERCLA) requires PHMSA to list and regulate all hazardous substances designated by the U.S. EPA.
PHMSA 2137‐AE46
Hazardous Materials: Miscellaneous Amendments This rulemaking would make miscellaneous changes to the HMR based on petitions for rulemaking and PHMSA initiatives. Changes would include updates to the incorporation by reference materials, clarification of definition of "person," authorization of use of Bend test for certain cylinders, and clarify requirements applicable to cargo tank motor vehicles intended to be loaded by vacuum and also clarify conditions under which cargo tanks may be leakage tested using Method 27 Test that is authorized by EPA. The changes are intended to update, clarify and provide relief from certain requirements.
07/20/2011
PHMSA 2137‐AE73
Hazardous Materials: Revisions of Special Permit Procedures; Corrections, Clarifications and Responses to Appeals
This final rule would make corrections and clarifications in response to appeals to the final rule published under Docket Number PHMSA‐2009‐0410 (HM‐233B) [76 FR 454] on January 5, 2011. The January 5 final rule amended the Hazardous Materials Regulations to revise its procedures for applying for a special permit to require an applicant to provide sufficient information about its operations to enable the agency to evaluate the applicant´s fitness and the safety impact of
07/26/2011
operations that would be authorized in the special permit. In response to appeals submitted by entities affected by the January 5 final rule, this final rule makes corrections, such as reinserting a few sentences in the regs texts that were inadvertently deleted in the January 5 final rule and also makes additional editorial clarifications to the January 5 final rule. Additionally, this corrections and clarifications final rule will provide for an additional point of contact for facilities to provide on the special permits application. As an option to the signature of the CEO or president of the company, this final rule will provide for other ranking officers within the company at the time of the special permit application.
PHMSA 2137‐AE77
Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR)
This rulemaking would correct editorial errors, respond to requests for clarification, and editorially revise regulatory text to improve the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy, and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.
09/13/2011
PHMSA 2137‐AE65
Hazardous Materials: Limiting the Use of Mobile Telephones by Highway
This rulemaking would limit the use of mobile telephones by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under Part 172 of the 49 CFR or any quantity of a select agent or toxin listed in 42 CFR
12/02/2011
Part 73. Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers would be prohibited from requiring or allowing drivers of covered motor vehicles to engage in the use of mobile telephones while driving. This rulemaking would improve health and safety on the Nation´s highways by reducing the prevalence of distracted driving‐related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.
PHMSA 2137‐AE84
Hazardous Materials: Miscellaneous Amendments; Response to Appeals and Corrections
This rulemaking would respond to administrative appeals received in response to our July 20, 2011 (HM‐218F; 76 FR 43510) miscellaneous amendments final rule which made revisions to the Hazardous Materials Regulations (HMR; 49 CFR 171‐180) to update and clarify certain regulatory requirements. Specifically, it required the non odorized notation on shipping papers for LPG shipments that are not odorized, updated and revised the Class 9 and Infectious Substance label specifications, and revised certain requirements for placard sizes; IBC markings, and select HMT entries. Additionally, this final rule provides further clarification of certain amendments adopted in the July 20, 2011 rule and corrects some minor errors.
12/28/2011
PHMSA 2137‐AE76
Hazardous Materials: Harmonization with International Standards; Response to Appeals, Clarifications and Corrections
This final rule would respond to several appeals for reconsideration received in response to the January 19, 2011 final rule published under RIN # 2137‐AE45, which
12/30/2011
made revisions to the HMR to maintain alignment with various international standards. This final rule would also revise text for the purpose of clarification and make a few minor corrections made during the printing of the January rule. This final rule would also respond to the appeal of a paperwork retention amendment adopted in a separate rule published on Feb. 2, 2010 under RIN # 2137‐AD89.
PHMSA 2137‐AE32
Hazardous Materials; Combination Packages Containing Liquids Intended for Transport by Aircraft
Incident data and testing conducted on behalf of DOT indicate many combination packagings authorized for the transportation of hazardous materials may not withstand conditions normally incident to air transportation. PHMSA is considering measures to reduce the incidence of package failures and to minimize the consequences of failures should they occur. This rulemaking would require additional measures to verify packaging integrity, such as performance testing, and revisions to packaging requirements, such as the addition of liners or absorbent material.
04/16/2012
PHMSA 2137‐AE55
Hazardous Materials: Incorporation of Certain Rail Special Permits into the Hazardous Materials Regulations
This rulemaking would incorporate provisions contained in certain widely used or longstanding special permits for transporting hazardous materials by railroad that have an established safety record. Special permits allow a company or individual to package or ship a hazardous material in a manner that varies from the Hazardous Materials Regulations (49 CFR Parts 171‐
06/25/2012
180) provided an equivalent level of safety is maintained. Specifically, this rulemaking would authorize an alternative tank car qualification program for DOT specification and non‐specification tank cars; acceptance of shipping paper information by voice and electronic data interchange communication; alternative rail car segregation requirements for certain explosives; alternative requirements for tank car designs for certain materials; alternative unloading provisions for coupled tank cars; and use of meters as an alternative way to measure the amount of liquefied gas loaded into a tank car. The revisions are intended to provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining an appropriate level of safety.
PHMSA 2137‐AE90
Hazardous Materials: Minor Editorial Corrections and Clarifications (RRR)
This rulemaking would correct editorial errors, respond to requests for clarification, and editorially revise regulatory text to improve the clarity of certain provisions in the Hazardous Materials Regulations. The intended effect of this rule is to enhance the accuracy, and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.
10/05/2012
PHMSA 2137‐AE83
Hazardous Materials: Harmonization with the UN Recommendations, Int'l Maritime Dangerous Goods
This rulemaking responds to several administrative appeals received in response to our January 19, 2011
01/07/2013
Code, and Int'l Civil Aviation Organization Technical Instructions, Response to Appeals; Clarifications; Corrections
(HM‐215K; 76 FR 3308) international harmonization final rule, which made revisions to the Hazardous Materials Regulations to maintain alignment with various international standards. Specifically, it incorporated amendments based on the sixteenth revised edition of the United Nations Recommendations on the Transport of Dangerous Goods ‐ Model Regulations, Amendment 35‐10 to the International Maritime Dangerous Goods Code, and the 2011‐2012 International Civil Aviation Organization´s Technical Instructions on the Safe Transport of Dangerous Goods by Air. This rulemaking also considers the merits of the administrative appeals received and considers amendments to the HMR.
PHMSA 2137‐AE87
Hazardous Materials: Harmonization with International Standards (RRR)
The Federal hazardous materials transportation law requires the Secretary of Transportation to ensure that, to the extent practicable, regulations governing the transportation of hazardous materials in commerce are consistent with standards adopted by international authorities (49 U.S.C. 5120(b)). Harmonization enhances safety, facilitates compliance and improves the efficiency of the global transportation system by minimizing the regulatory burden on the public thus promoting trade. After a thorough review of the provisions recently adopted by various international regulatory bodies, PHMSA has identified areas in the Hazardous Materials Regulations (HMR) in which harmonization with international regulations will
01/07/2013
provide an enhanced level of safety, an economic benefit or in many instances both safety and economic benefits. As a result, this rulemaking amends the HMR, where appropriate, to maintain alignment with international standards that will become effective as of January 1, 2013 and consequently facilitate the safe global trade of hazardous materials. Revisions in this rulemaking include, but are not limited to; the introduction of regulatory requirements to address chemicals under pressure, the modification of packaging instructions for various hazardous materials to permit greater flexibility in package selection while achieving a consistent level of safety, the adoption of Internationally recognized standards for testing and proper use of flexible bulk containers and the revision of various entries in the hazardous materials table to maintain global alignment including revision of vessel stowage codes for shipments of Class 1 Explosive materials. We expect the regulatory changes will result in minimal compliance costs for the regulated industry; we firmly believe consistent regulatory requirements reduce compliance costs and increase flexibility.
PHMSA 2137‐AE79
Hazardous Materials: Miscellaneous Amendments; Petitions for Rulemaking (RRR)
This rulemaking addresses petitions that requested minor changes to the Hazardous Materials Regulations (HMR) for purposes of clarifying the HMR or enhancing safety, while offering some net economic benefits. These petitions require an equivalent or increased level of safety as is currently required by the HMR. Among
03/07/2013
the petitions included in this rulemaking are: P‐1479 ‐ pertaining to manufacturer and third‐party laboratory package markings; P‐1554 ‐ IBC material thickness standards; P‐1555 ‐ drop test requirements for small quantities of certain hazardous materials transported by air and vessel; and P‐1556 ‐ incorporating a special permit that allows the dangerous cargo manifest to be in locations designated by the master of the vessel besides ´on or near the bridge´ while the vessel is in port.
PHMSA 2137‐AE78
Hazardous Materials: Miscellaneous Amendments (RRR)
This rulemaking updates and clarifies existing requirements by incorporating changes into the Hazardous Materials Regulations (HMR) based on PHMSA's own initiatives through an extensive review of the HMR and previously issued letters of interpretation. Specifically, among other provisions, PHMSA provides for the continued use of approvals until final administrative action is taken, when a correct and completed application for approval renewal was received 60 days prior to expiration date; updates various entries in the hazardous materials table and the corresponding special provisions; clarifies the lab pack requirements for temperature controlled materials; corrects an error in the HMR with regard to the inspection of cargo tank motor vehicles containing corrosive materials; and revises the training requirements to require that a hazardous materials employer ensure their hazardous materials employee
03/11/2013
training records are available upon request to an authorized official of the Department of Transportation or the Department of Homeland Security.
PHMSA 2137‐AE96
Hazardous Materials: Penalty Action Guidelines Update (MAP‐21)
This rulemaking responds to the enactment of Moving Ahead for Progress in the 21st Century (MAP‐21). MAP‐21 removes the minimum penalty amount for civil penalties, except the minimum penalty amount of $450 is retained for training violations. Further, it raises the maximum penalty amount for a knowing violation and a violation resulting in death, serious illness, or severe injury to any person or substantial destruction of property to $75,000 and $175,000, respectively.
04/17/2013
PHMSA 2137‐AE95
Hazardous Materials: Temporary Reduction of Registration Fees
This rulemaking amends the HMR requirements associated with the statutorily‐mandated registration and fee assessment program for persons who transport, or offer for transportation, certain categories and quantities of hazardous materials. Specifically, for all registrants PHMSA provides a temporary one year decrease in the fees for registration year 2013‐2014. This rulemaking is necessary to address the unexpended funds from the 2011‐2012 registration year and fund the national Hazardous Materials Emergency Preparedness (HMEP) grants program at approximately $28,000,000. Following the 2013‐2014 registration period, the fees for all registrants will return to the current 2012‐2013 fee levels.
04/19/2013
PHMSA 2137‐AE70
Hazardous Materials: Revision of Requirements for Fireworks Approvals (RRR)
This rulemaking amends the HMR by revising and clarifying requirements for the examination, testing, certification, and transportation of certain Division 1.4G consumer fireworks (UN0336 Fireworks). Further, this rulemaking establishes DOT‐approved fireworks certification agencies that provide an alternative to the approval process for Division 1.4G consumer fireworks. PHMSA also revises the procedural regulations pertaining to certification agencies. These actions clarify regulations with respect to PHMSA's fireworks approval process and provide regulatory flexibility in seeking authorization for the transportation of Division 1.4G consumer fireworks.
07/16/2013
PHMSA 2137‐AE62
Hazardous Materials: Approval and Communication Requirements for the Safe Transportation of Air Bag Inflators, Air Bag Modules, and Seat‐Belt Pretensioners (RRR)
This rulemaking revises the Hazardous Materials Regulations applicable to air bag inflators, air bag modules, and seat‐belt pretensioners. This rulemaking incorporates into the regulations the provisions of certain special permits with proven safety records. The rulemaking also revises the current approval and documentation requirements for a material appropriately classified as a UN3268 air bag inflator, air bag module, or seat‐belt pretensioner. These revisions reduce the regulatory burden on the automotive industry while maintaining the current level of safety.
07/30/2013
PHMSA 2137‐AE69
Hazardous Materials: Highway‐Rail Grade Crossing; Safe Clearance
PHMSA and FMCSA would amend the Hazardous Materials Regulations (HMR) and Federal Motor Carrier Safety Regulations (FMCSR) to prohibit a motor vehicle
09/25/2013
driver from entering onto a highway‐rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping. This action is in response to Section 112 of the Hazardous Materials Transportation Authorization Act of 1994 and the intent of this rulemaking is to reduce highway‐rail grade crossing crashes.
PHMSA 2137‐AE92
Pipeline Safety: Administrative Procedures; Updates and Technical Corrections Corrections
The ´Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011´ created a number of regulatory mandates, some of which directly implicate the pipeline enforcement and regulatory procedures outlined in 49 CFR Part 190. This rulemaking would comply with statutory mandates related to Part 190 through amendment. Specifically, this rule would update and clarify the purpose of Part 190, clarify certain enforcement issues including but not limited to procedures for hearings, special permit condition violations, incorporation of new civil penalties, and procedures for adoption of rules. This rule would also include certain amendments that conform current regulatory language to actual practice or correct errors and omissions.
09/25/2013
PHMSA 2137‐AE98
Hazardous Materials: Resumption of Transportation (MAP‐21)
This rulemaking would respond to the enactment of Moving Ahead for Progress in the 21st Century (MAP‐21). MAP‐21 requires regulations that address: (1) the safe and expeditious resumption of transportation of perishable hazardous material, including radio‐
10/02/2013
pharmaceuticals and other medical products, that may require timely delivery due to life‐threatening situations; (2) the means by which non‐compliant packages are placed out‐of‐service or the resumption of transportation of compliant packages; (3) appropriate training and equipment for inspectors; and (4) the proper closure of packagings in accordance with the hazmat regulations.
PHMSA 2137‐AF02
Hazardous Materials: Penalty Guidelines In this final rule, PHMSA is publishing an updated statement of policy, revising Appendix A to Part 107, Subpart D, including the List of Frequently Cited Violations in Part II of the guidelines, as well as Part III and IV, which provide additional factors that affect penalty amounts. Revisions to Part II include modifications to individual baseline assessments, additional frequently cited violations not previously included in the guidelines, and replacing penalty ranges with assigned penalties based on safety risks such as packing group, where appropriate. The revisions to Parts III and IV of the guidelines clarify the criteria PHMSA considers when determining a civil penalty amount that appropriately reflects the risk posed by a violation, the culpability of the respondent, and any aggravating or mitigating factors.
10/02/2013
PHMSA 2137‐AF03
Hazardous Materials: Minor Editorial Corrections and Clarifications
This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions
10/02/2013
in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171‐180). The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non‐substantive changes and do not impose new requirements.
PHMSA 2137‐AF01
Hazardous Materials: Corrections and Response to Appeals (HM‐215K, HM‐215L, HM‐218G and HM‐219)
PHMSA recently published final rules under Docket numbers: (1) PHMSA‐2009‐0126 (HM‐215K) [January 7, 2013; 78 FR 1101]; (2) PHMSA‐2012‐0027 (HM‐215L) [January 7, 2013; 78 FR 987]; (3) PHMSA‐2011‐0142 (HM‐219) [March 7, 2013; 78 FR 14702]; and (4) PHMSA‐2011‐0138 (HM‐218G) [March 11, 2013; 78 FR 15303]. This final rule responds to appeals submitted by persons affected by those final rules. In addition, this final rule amends certain requirements by making editorial corrections to changes made by the final rules.
10/31/2013
PHMSA 2137‐AE82
Hazardous Materials: Adoption of Certain Special Permits and Competent Authorities Into Regulations (RRR)
This rulemaking amended the Hazardous Materials Regulations (HMR) to incorporate provisions contained in certain widely used or longstanding special permits and competent authorities that have established safety records. Incorporating such provisions into the HMR are intended to provide wider access to the regulatory flexibility offered in the special permits and competent authorities. The adoption of the provisions eliminated the need for numerous application and renewal requests. Key special permits allow the transportation of "Self‐heating solid, organic n.o.s. (spent bleaching
03/18/2014
earth)" in sift‐proof bulk packaging; allow the use of regulated medical waste shipping names and markings that differ from those prescribed in the HMR; allow for the transportation of Class 9 solid coal pitch compounds in non‐specification open top or closed‐top sift proof metal cans or fiber drums; and allow for the transportation of self‐inflating life‐saving appliances that contain non‐specification steel cylinders when being transported between a vessel and an authorized facility for servicing. This rulemaking action facilitates commerce activity and reduces paperwork burdens while maintaining an appropriate level of safety. Incorporation of these provisions reduces the compliance burden and cost on both industry and government.
PHMSA 2137‐AE38
Hazardous Materials: Compatibility with the Regulations of the International Atomic Energy Agency (IAEA) (RRR)
This rulemaking amended the Hazardous Materials Regulations (HMR) for the transportation of Class 7 (radioactive materials) based on recent changes contained in the International Atomic Energy Agency (IAEA) regulations. This rulemaking aligned the HMR with the international standards, and updated, clarified, corrected, and provided relief of certain regulatory requirements applicable to the transportation of radioactive materials.
07/11/2014
PHMSA 2137‐AE44
Hazardous Materials: Transportation of Lithium Batteries
This rulemaking amended the Hazardous Materials Regulations to comprehensively address the safe transportation of lithium cells and batteries. The
08/06/2014
rulemaking strengthened the regulatory framework by imposing more effective safeguards, including design testing to address risks related to internal short circuits, and enhanced packaging, hazard communication, and operational measures for various types and sizes of lithium batteries in specific transportation contexts. The rulemaking responded to several recommendations issued by the National Transportation Safety Board.
PHMSA 2137‐AE97
Hazardous Materials: Failure To Pay Civil Penalties (MAP‐21)
This rulemaking responded to the enactment of Moving Ahead for Progress in the 21st Century (MAP‐21). MAP‐21 required that PHMSA prohibit a person from conducting regulated hazardous material operations if the person failed to pay a civil penalty. The rulemaking: (1) set forth procedures to require a person who is delinquent in paying civil penalties to cease any regulated activity until payment has been made, or an acceptable payment plan has been arranged; and (2) ensured that the person is notified in writing, and is given an opportunity to respond before the person is required to cease the activity.
08/07/2014
PHMSA 2137‐AE85
Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments (RRR)
This rulemaking would amend the pipeline safety regulations to incorporate by reference all or parts of new, updated, or reaffirmed editions of voluntary consensus standards. The use of voluntary consensus standards allows pipeline operators to use the most current industry technologies, materials, and
01/05/2015
management practices available in today´s market. It also would make non‐substantive edits and clarify regulatory language in certain provisions. These amendments to the pipeline safety regulations would not require pipeline operators to undertake any significant new pipeline safety initiatives.
PHMSA 2137‐AF05
Hazardous Materials: Harmonization with International Standards (RRR)
Harmonization enhances safety, facilitates compliance, and improves the efficiency of the global transportation system by minimizing the regulatory burden on the public thus promoting trade. After a thorough review of the provisions recently adopted by various international regulatory bodies, PHMSA has identified areas in the Hazardous Materials Regulations (HMR) in which harmonization with international regulations will provide an enhanced level of safety, an economic benefit or in many instances both safety and economic benefits. As a result, this rulemaking amends the HMR, where appropriate, to maintain alignment with international standards that will become effective as of January 1, 2015 and consequently facilitate the safe global trade of hazardous materials. This rulemaking includes, but is not limited to; the introduction of regulatory requirements to address adsorbed gasses, exceptions for small quantities of marine pollutants, provisions for the safe transport of damaged or defective batteries, the revision of various entries in the hazardous materials table to maintain global alignment, and the incorporation by reference of
01/08/2015
various international standards.
PHMSA 2137‐AE59
Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations
This rulemaking would make minor changes to various provisions in the pipeline safety regulations to help clarify them by making editorial corrections, correcting inconsistent regulatory language and responding to several petitions for rulemaking, such as providing for an updated standard. The primary intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are non‐substantive changes.
03/11/2015
PHMSA 2137‐AE91
Hazardous Materials: Enhanced Tank Car Standards and Operational Controls for High‐Hazard Flammable Trains
This rulemaking would amend operational requirements for certain trains transporting a large volume of flammable materials, provide improvements in tank car standards, and revise the general requirements for offerors to ensure proper classification and characterization of mined gases and liquids. These new requirements are designed to lessen the consequences of derailments involving ethanol, crude oil, and certain trains transporting a large volume of flammable materials. The growing reliance on trains to transport large volumes of flammable materials poses a significant risk to life, property, and the environment. The proposed changes also address National Transportation Safety Board (NTSB) recommendations on accurate classification, enhanced tank cars, rail routing, oversight, and adequate
05/08/2015
response capabilities.
PHMSA 2137‐AE71
Pipeline Safety: Excess Flow Valves In Applications Other Than Single‐Family Residences in Gas Distribution Systems
Note: This rule is non‐significant as of 9/12/2016, and will not show up on the next month's report. This rule makes changes to part 192 to expand excess flow valve requirement to include new or replaced branched service lines servicing single‐family residences, multi‐family residences, and small commercial entities consuming gas volumes not exceeding 1,000 Standard Cubic Feet per Hour (SCFH). PHMSA is also amending the Federal pipeline safety regulations to require the use of either manual service line shut‐off valves (e.g., curb valves) or EFVs, if appropriate, for new or replaced service lines with meter capacities exceeding 1,000 SCFH. In addition, this final rule will codify a requirement for operators to notify customers of their right to request installation of an EFV on service lines that are not being newly installed or replaced. PHMSA has delegated the question of who bears the cost of installing EFVs to service lines that are not being newly installed or replaced to the operator's rate‐setter. This rulemaking was recently downgraded to nonsignificant and will not appear on next month's report.
07/15/2015
PHMSA 2137‐AE43
Pipeline Safety: Enforcement of State Excavation Damage Laws
The PIPES Act provides PHMSA with the authority to enforce excavation damage laws in those states that have inadequate enforcement. This rulemaking establishes standards for excavators and operators to follow when conducting excavation in a vicinity of a
07/23/2015
pipeline and the administrative procedures to be used for enforcement proceedings.
PHMSA 2137‐AE99
Hazardous Materials: Special Permit and Approvals Standard Operating Procedures and Evaluation Process (MAP‐21)
This rulemaking responded to the enactment of Moving Ahead for Progress in the 21st Century (MAP‐21). MAP‐21 required PHMSA to issue regulations that established: (1) standard operating procedures to support administration of the special permit and approval programs; and (2) objective criteria to support the evaluation of special permit and approval applications.
09/10/2015
PHMSA 2137‐AF12
Hazardous Materials: Carriage of Battery‐Powered Electronic Smoking Devices in Passenger Baggage
This interim final rule would amend the Hazardous Materials Regulations (HMR; 49 CFR 171‐180) to prohibit passengers and crew members from carrying battery‐powered portable electronic smoking devices (e.g. e‐cigarettes, e‐cigs, e‐cigars, e‐pipes, personal, vaporizers, electronic nicotine delivery systems) in checked baggage and prohibit passengers and crew members from charging the devices and/or batteries on board the aircraft. This action is consistent with the International Civil Aviation Organization addendum to the 2015‐2016 Edition of the Technical Instructions.
10/30/2015
PHMSA 2137‐AF11
Hazardous Materials: Editorial Corrections and Clarifications (RRR)
PHMSA is considering editorial amendments that would correct errors related to four recent rulemakings. This effort would also address editorial corrections identified by PHMSA staff and through letters of interpretation. This action would further
11/23/2015
clarify the Hazardous Materials Regulations.
PHMSA 2137‐AE86
Hazardous Materials: Requirements for the Safe Transportation of Bulk Explosives (RRR)
This rulemaking would amend the Hazardous Materials Regulations (HMR) by establishing standards for the safe transportation of bulk explosives. This rulemaking would be responsive to two petitions for rulemaking submitted by industry representatives, requesting this action. Developing requirements for the HMR would provide wider access to the regulatory flexibility currently only offered by special permit and competent authorities. The HMR would authorize the transportation of certain explosives, ammonium nitrate, ammonium nitrate emulsions, and other specific hazardous materials in bulk packagings, which are not otherwise authorized under the HMR. These hazardous materials are used in blasting operations on specialized vehicles known as multi‐purpose bulk trucks (MBTs). MBTs are used as mobile work platforms to create blends of explosives that are unique for each blast site.
12/21/2015
PHMSA 2137‐AE53
Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids (Wetlines) MAP‐21)
The rulemaking would amend the Hazardous Materials Regulations to prohibit flammable liquids (wetlines) from being transported in unprotected product piping on existing and newly manufactured DOT specification cargo tank motor vehicles. The GAO completed an audit on wetlines‐related issues and published the final report on 9/11/13. PHMSA is analyzing the safety and economic impacts associated with a final action based
12/30/2015
on GAOs findings. Based on the findings of its analysis, the agency will withdraw the proposed rule.
PHMSA 2137‐AF00
Hazardous Materials: Adoption of Special Permits (MAP‐21) (RRR)
This rulemaking addresses Moving Ahead for Progress in the 21st Century (MAP‐21), which requires an initial review and analysis of special permits that have been in continuous effect for a 10‐year period to determine which ones may be converted into the hazmat regulations. MAP‐21 also requires the issuance of regulations to incorporate into the hazmat regulations any special permits identified in the initial review and analysis that PHMSA determines are appropriate for incorporation based on the review factors, which this rule proposes. Factors the rule considers: (1) the safety record of hazmat transported under the special permit; (2) the application of a special permit; (3) the suitability of provisions in the special permit for incorporation into the hazmat regulations; and (4) rulemaking activity in related areas.
01/21/2016
PHMSA 2137‐AE81
Hazardous Materials: Reverse Logistics (RRR) This rulemaking would address changes to the Hazardous Materials Regulations (HMR) that are applicable to reverse logistics based on petitions received by PHMSA. The issue of reverse logistics involves the transportation of hazardous materials that have been damaged or returned from the retailer to a return center. Specifically, the rulemaking would establish a regulatory definition of ´reverse logistics´ and outline the responsibilities of those that offer
03/31/2016
hazardous materials returned by retail customers.
PHMSA 2137‐AF15
Hazardous Materials: Incorporation by Reference Edition Update for the American Society of Mechanical Engineers Boiler and Pressure Vessel Code and Transportation Systems for Liquids and Slurries Pressure Piping Code
This rulemaking is a Direct Final Rule, as prescribed under PHMSA's rulemaking authority outlined in 49 CFR 106.40 to incorporate by reference the latest edition of a technical/industry standard. PHMSA is updating its IBR material for the American Society of Mechanical Engineers Boiler and Pressure Vessel Code (ASME Code), as listed in 49 CFR 171.7(g). This direct final rule enables PHMSA to replace the 1998 Edition of the ASME Code with the 2015 Edition, which is the latest Edition published. PHMSA will update all of the specific Sections of the ASME Code that it currently incorporates by reference, which include: Section II (Parts A and B); Section V; Section VII (Division 1); and Section IX. This rulemaking is exempt from the Office of Management and Budget (OMB) review in accordance with Executive Order 12866 and the August 3, 1994 Office of Information and Regulatory Affairs (OIRA) Implementing Guidance letter to the General Counsel of the Department of Transportation (DOT). Under paragraph D. of the Guidance letter, OIRA expressly exempted from OMB review under Executive Order 12866 Research and Special Programs Administration (RSPA – now PHMSA) hazardous materials rules that incorporate technical or industry standards by reference when the amendments are limited to updates to incorporate new or amended versions of the standards referenced.
04/29/2016
PHMSA 2137‐AF12
Hazardous Materials: Carriage of Battery‐Powered Electronic Smoking Devices in Passenger Baggage
This interim final rule would amend the Hazardous Materials Regulations (HMR; 49 CFR 171‐180) to prohibit passengers and crew members from carrying battery‐powered portable electronic smoking devices (e.g. e‐cigarettes, e‐cigs, e‐cigars, e‐pipes, personal, vaporizers, electronic nicotine delivery systems) in checked baggage and prohibit passengers and crew members from charging the devices and/or batteries on board the aircraft. This action is consistent with the International Civil Aviation Organization addendum to the 2015‐2016 Edition of the Technical Instructions.
05/19/2016
PHMSA 2137‐AF04
Hazardous Materials: Miscellaneous Amendments (RRR)
PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. The amendments in this rulemaking have been identified through PHMSA's own initiatives and review of previously issued letters of interpretation. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address petitions for rulemaking, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, make minor amendments to the labeling requirements, revise the marking requirements applicable to odorization, make amendments for the continuing qualification of specification cargo tanks, and revise the
06/02/2016
exceptions for smokeless powder and black powder.
PHMSA 2137‐AF23
Hazardous Materials: Revision of Maximum and Minimum Civil Penalties
PHMSA is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. The President signed the "Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015" (the 2015 Act) (Sec. 701 of Public Law 114‐74), which further amended the Federal Civil Penalties, Inflation Adjustment Act of 1990 (the Inflation Adjustment Act) (Public Law 101‐410) which requires Agencies to now annually adjust civil monetary penalties through interim final rulemaking. The maximum civil penalty for a knowing violation is now $77,114, except that the maximum civil penalty is $179,933 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In addition, the minimum civil penalty amount of $463 applies to a violation relating to training.
06/29/2016
PHMSA 2137‐AF16
Pipeline Safety: Inflation Adjustment of Maximum Civil Penalties
PHMSA is increasing the maximum civil penalties for any person who is determined to have violated a provision of 49 U.S.C. 60101 et seq., or any regulation or order issued thereunder to a civil penalty not to exceed $206,000 for each violation for each day and to $2,060,000 for any related series of violations. In
06/30/2016
addition to the above penalties, the penalty for any person who is determined to have violated any standard or order under 49 U.S.C. 60103 or 60111 (liquefied natural gas pipeline facilities) is increased to not more than $51,500 for each violation. The maximum penalty for any person who is determined to have violated a standard or order under 49 U.S. C. 60129 is increased to a civil penalty of not more than $1,030 for each violation, which may be in addition to other penalties to which such a person may be subject under paragraph(a) of this section. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 2015.
PHMSA 2137‐AF17
Hazardous Materials: FAST Act Requirements for Flammable Liquids and Rail Tank Cars
The Pipeline and Hazardous Materials Safety Administration is issuing this final rule to codify in the Hazardous Materials Regulations certain mandates and minimum requirements of the FAST Act. Specifically, the FAST Act mandates a revised phase‐out schedule for all DOT Specification 111 tank cars used to transport unrefined petroleum products (e.g., petroleum crude oil), ethanol, and other Class 3 flammable liquids. The FAST Act also requires that each tank car built to meet the DOT Specification 117 and each non‐jacketed tank car retrofitted to meet the DOT Specification 117R be equipped with a thermal protection blanket that is at least 1/2‐inch thick and meets existing thermal protection standards. Further, the FAST Act mandates minimum top fittings
08/15/2016
protection requirements for tank cars retrofitted to meet the DOT Specification 117R.
PHMSA 2137‐AF22
Pipeline Safety: Underground Storage Facilities for Natural Gas
PHMSA has safety authority over the underground storage facilities used in natural gas pipeline transportation, but has no safety regulations in the DOT Code (49 CFR Part 192) that apply to the down‐hole underground storage reservoir for natural gas. PHMSA is planning to issue an interim final rule will use this regulation to require operators of underground storage facilities for natural gas to comply with minimum safety standards, including compliance with API RP 1171, Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs, and API RP 1170, Design and Operation of Solution‐mined Salt Caverns Used for Natural Gas Storage. PHMSA is considering adopting the non‐mandatory provisions of the RPs in a manner that would make them mandatory, except that operators would be permitted to deviate from the RPs if they provide justification.
12/19/2016
RITA 2139‐AA11
Submission of Aviation Data via the Internet This rulemaking would allow U.S. and foreign air carriers to submit their required recurrent financial, traffic, operational and consumer reports via the Internet. This action would enhance security of the data, reduce air carriers´ mailing costs, eliminate the need for the Bureau to keypunch hardcopy data, and provide submitters immediate notification and a
07/16/2010
receipt that their data has been received by the Bureau.
SLSDC 2135‐AA30
Seaway Regulations and Rules: Periodic Update, Various Categories
The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories.
07/11/2012
SLSDC 2135‐AA31
Seaway Regulations and Rules: Periodic Update, Various Categories
The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The proposed changes will update the following sections of the Regulations and Rules: Condition of Vessels; Seaway Navigation; Dangerous Cargo; and, General. These proposed amendments are necessary to take account of updated procedures and will enhance the safety of transits through the Seaway. Several of the proposed amendments are merely editorial or for
03/14/2013
clarification of existing requirements
SLSDC 2135‐AA33
Seaway Regulations and Rules: Periodic Update, Various Categories
The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories.
03/06/2014
SLSDC 2135‐AA35
Tariff of Tolls The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges currently being levied by the SLSMC in Canada. The changes affect the tolls for commercial vessels and are applicable only in Canada.
03/10/2014
SLSDC 2135‐AA36
Seaway Regulations and Rules: Periodic Update, Various Categories
The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the
01/28/2015
St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories.
SLSDC 2135‐AA37
Tariff of Tolls The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges currently being levied by the SLSMC in Canada. The changes affect the tolls for commercial vessels and are applicable only in Canada. For consistency, because these are under international agreement joint regulations, and to avoid confusion among users of the Seaway, the SLSDC finds that there is good cause to make the U.S. version of the amendments effective upon publication.
01/30/2015
SLSDC 2135‐AA39
Seaway Regulations and Rules: Periodic Update, Various Categories
The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices
03/15/2016
and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The changes will update the following sections of the Regulations and Rules: Condition of Vessels; Preclearance and Security for Tolls; Tolls Assessment and Payment; Seaway Navigation; Dangerous Cargo; Toll Assessment and Payment; and, Information and Reports. These amendments are necessary to take account of updated procedures and will enhance the safety of transits through the Seaway. Several of the amendments are merely editorial or for clarification of existing requirements.
SLSDC 2135‐AA38
Tariff of Tolls The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2006 navigation season, which are effective only in Canada. An amendment to increase the minimum charge per lock for those vessels that are not pleasure craft or subject in Canada to tolls under items 1 and 2
03/17/2016
of the Tariff for full or partial transit of the Seaway will apply in the U.S. (See Supplementary Information.)
SLSDC 2135‐AA40
Civil Penalties This interim final rules updates the maximum civil penalty amounts for violations of statutes and regulations administered by SLSDC pursuant to the Federal Civil Penalties Inflation Adjustment Improvement Act of 2015. This action was inadvertently published under RIN 2135‐40.
06/28/2016